1 Haw. 50 (Haw.Super. 1851), Apong v. Marks

Citation:1 Haw. 50
Opinion Judge:LEE, CHIEF JUSTICE
Party Name:APONG v. HENRY MARKS, JULIA MARKS AND JANET MARKS.
Attorney:Mr. Bates and Mr. Burbank for the plaintiff. Mr. Harris for defendants.
Judge Panel:LEE, CHIEF JUSTICE
Case Date:July 01, 1851
Court:Superior Court of Hawai'i
 
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Page 50

1 Haw. 50 (Haw.Super. 1851)

APONG

v.

HENRY MARKS, JULIA MARKS AND JANET MARKS.

Superior Court of Hawai'i.

July 1, 1851

Syllabus by the Court

In all civil cases, marriage may be proved by reputation, declarations, and conduct of the parties and other circumstances usually accompanying that relation. Such evidence is not conclusive, but it is admissible to the jury as testimony from which marriage may be inferred.

The husband is liable for all torts of the wife committed during coverture.

Mr. Bates and Mr. Burbank for the plaintiff.

Mr. Harris for defendants.

LEE, CHIEF JUSTICE

This was an action brought to recover damages for injury done to the plaintiff's reputation as a merchant, by the allegation of the defendants, that he had robbed them of 454 ounces of gold dust; and was the last in the series of the Marks cases.

It having appeared in the course of the evidence, that Miss Janet Marks was a minor, the plaintiff's counsel, so far as she was concerned, discontinued the suit.

Julia Marks alleged that she was a married woman, the wife of Mr. Caspar Marks, of Sydney, and her counsel offered to show this fact by witnesses who had recently known her and Caspar Marks, living together as man and wife in Sydney. This evidence was objected to by the plaintiff's counsel, who contended that her marriage could only be proved by direct evidence, that is, by the testimony of a witness present at the celebration; or by a certified copy of the register of the marriage.

The Court overruled the objection, and CHIEF JUSTICE LEE remarked that in all civil cases, marriage may be proved by reputation, declarations, and conduct of the parties and other circumstances usually accompanying that relation. For example, their conversation and letters, addressing each other as man and wife; their living together in that relation, and being generally reputed to be man and wife; their appearing in respectable society, and being there received as man and wife; the assumption by the woman of the name of the man; their...

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