Marvin v. Marvin

• Decision Date: 01 February 1890
• Citation: 12 S.W. 875
• Parties: MARVIN <I>v.</I> MARVIN.
• Court: Arkansas Supreme Court

12 S.W. 875

MARVIN

v. MARVIN.

Supreme Court of Arkansas.

February 1, 1890.

Appeal from Franklin chancery court; CUNNINGHAM, Chancellor.

Action by William Marvin against Edna Marvin to have the bonds of matrimony annulled on the grounds of duress, claiming that plaintiff was arrested on charge of seducing defendant, of which he was innocent, and, under advice of neighbors, married defendant to secure his release from such arrest and prosecution. The chancellor dismissed the bill for want of equity, and because no cause for divorce was charged or proven; from which judgment of dismissal plaintiff appeals.

Ed. H. Mathes, for appellant.

PER CURIAM.

A man lawfully arrested on a process for seduction cannot, if he marries the woman to procure his discharge, have the marriage avoided upon the ground of duress. The fact that he subsequently discovers that he could not have been convicted will not alter the case, if the prosecution was upon probable cause, and not merely from malice. Bish. Mar. & Div. § 212; 2 Kent, Comm., *453; Honnett v. Honnett, 33 Ark. 156. The prosecution of the appellant was upon probable cause. Let the decree be affirmed.