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Show Fradulunt Marriage Pronounced Legal. Recently there appeared the report of a case wherein a woman named Lena Boeks sought to have her marriage with a man anmed Haenger. a prisoner in the state reformatory at Rahway, X. J., annulled, on the ground that. he. had concealed from her the fact that he had already been married and. divorced.. di-vorced.. These facts, according to the.-hrw of the Catholic church, to which the woman belongs, constitute con-stitute a reason for nullification of the marriage contract. Marriage contrived by fraud or concealment con-cealment of a barring impediment is ipsi facto null , and. void; marriage to a' divorced person is forbidden', for-bidden', and therefore void if contracted. . Xow , Judge Child, to whom the case was referred, has decided that there was. a lawful marriage, despite of these uncontradicted facts. Leaving out of consideration con-sideration altogether the laws of the church,, is it not a maxim of the civil law that any business contract con-tract entered into on the ba-sis of a fraudulent representation, where there is question-of tort, is null and void? We are very doubtful that Judge Child's decision will be upheld as sound law if the case be taken further. Judge 'Child admits the fraud in the case, but holds that fraud does not affect af-fect the validity of the scandalous transaction. The judgment was delivered at Trenton, X. J. If this be Jersey law, it is easily susceptible of amendment. amend-ment. Catholic Standard and Times.' 1 - , ' |
