Morrison v. Sunshine Mng. Co.

Decision Date01 July 1942
Docket Number6899
Citation64 Idaho 6,127 P.2d 766
PartiesMORRISON v. SUNSHINE MNG. CO.; Points Decided EVELYN MORRISON, as surviving widow, Appellant, and EFFIE F. MORRISON, as surviving mother, Claimant, v. SUNSHINE MINING COMPANY, a corporation, Employer, Respondent
CourtIdaho Supreme Court

Points Decided

WORKMEN'S COMPENSATION LAW-DEPENDENTS-MARRIAGE.

1. In compensation proceeding involving issue whether claimant was employee's widow, statements of employee's landlady to effect that employee had rented a room with another woman as his wife, which statements were made after employee's death without knowledge of claimant and were wholly self-serving, were not part of "res gestae" and were inadmissible as "hearsay."

2. Where husband entered into consent marriage at time when his first wife was living, the continuance of second martial relation and assumption of its duties after decree of divorce from first wife became final amounted to a "consensual marriage" which could be avoided only by death or divorce. (I.C.A., sec. 31-201.)

3. Where husband entered into consent marriage at time when first wife was living and continued in such second marital relation and he and second wife conducted themselves as husband and wife after divorce decree from first wife became final, and in application for employment husband named the second wife as his wife, such second wife was husband's "widow" on his death, and was entitled to workmen's compensation. (I.C.A., sec. 31-201.)

4. A claimant did not fail to establish her status as employee's "widow" entitled to workmen's compensation because consensual marriage was consummated in Montana without recording joint declaration of marriage as required by Montana directory statutes. (I.C.A., secs 31-201, 31-203, 31-209; Rev. Codes, Mont., 1935, secs. 5697 5724, 5726.)

5. The Montana statutes requiring persons entering into a consensual marriage to record a joint declaration of marriage stating names, ages, etc., are "directory" and "evidentiary" and an element of "consent" constituting mutual and public assumption of marital relation as required by statute, in view of statutory provision that consent and consummation of marriage may be manifested in any form and may be proved under general rules of evidence as facts in other cases. (Rev. Codes, Mont., 1935, secs. 5697 5724, 5726.)

APPEAL from the Industrial Accident Board.

From order denying claim and dismissing application, claimant appeals. Reversed.

Order reversed and cause remanded, with directions. Costs awarded in favor of appellant.

Frank Griffin for appellant.

In the case of conflicting marriages of the same spouse the presumption of validity operates in favor of the second marriage. Mauldin v. Sunshine Mining Co., 61 Idaho 9; Estate of Tormey, 44 Idaho 299; Smith v. Smith, 32 Idaho 478; Huff v. Huff, 20 Idaho 450; 38 C. J. 1328, Section 104.

The law presumes a marriage to be valid and the burden of proof is upon the contestant to show by clear, cogent and satisfactory evidence the invalidity of the marriage or any existing impediments relied upon. Mauldin v. Sunshine Mining Co., 61 Idaho 9; Huff v. Huff, 20 Idaho 450; Smith v. Smith, 32 Idaho 478; Estate of Tormey, 44 Idaho 299.

H. J. Hull for respondent.

If the relationship was illicit in the beginning, the burden is upon the party asserting the validity of the marriage to show that the unlawful relationship changed to a lawful one. (35 Am. Jur., p. 315, sec. 205; 38 C. J., p. 1328, sec. 103; Keezer on Marriage & Divorce (2d Ed.), sec. 137; Welch v. All Persons, 254 P. 179 (182), (Ex. 9); Shepard & Pierson Co. v. Baker (Mont.), 262 P. 887 (891), (Ex. 10); Bennett v. Anderson (Tenn.), 101 S.W.2d 148.)

If a prior marriage is shown to have existed at the time of the second marriage, the burden of proving a remarriage to the second spouse after the dissolution of the first marriage by death or divorce rests upon the person asserting the validity of the second marriage. (Welch v. All Persons, 254 P. 179 (182), (Ex. 9).)

The presumption of marriage as against concubinage, morality as against immorality, is a rebuttable and disputable presumption. It falls in the light of proven facts. (In re Klippel's Estate (Colo.), 92 P. 26; Huff v. Huff, 20 Idaho 450; 118 P. 1080; State v. Newman (Mont.), 213 P. 805 (808), (Ex. 8).)

An allegation that parties are "married" or that they are "not married" is an allegation of ultimate fact and sufficient to admit proof to show the existence of the marriage, no matter how or where contracted, or to show the nonexistence of the marriage for any reason, (Welch v. All Persons (Mont.), 254 P. 179 (182-183).)

AILSHIE, J. Givens, C. J., and Budge, Morgan and Holden, J.J., concur.

OPINION

AILSHIE, J.

This is an appeal from an order of the Industrial Accident Board, denying claim and dismissing application of Evelyn Morrison, who sought compensation as the widow and dependent of Chester Lee Morrison, a deceased employee of respondent.

February 26, 1935, Chester Lee Morrison intermarried with Beulah Hillman of Silverton, Colorado. November 8, 1938, an interlocutory decree of divorce was granted to her, which became a final decree May 8, 1939. In the meanwhile, in May, 1937, Morrison and appellant (Evelyn Lehti) met in Butte, where appellant was working in a restaurant. Proofs stand undisputed, that they began living together July 3, 1937; and July 10th they agreed to become husband and wife, (although there was no formal ceremony or wedding; and from that time on they represented themselves to be, and held themselves out as, husband and wife to friends and acquaintances and all persons with whom they came in contact; that Morrison caused appellant to quit her job July 10th "because he didn't want his wife working." They visited with their friends, attended dances and public gatherings, and were generally known and referred to as husband and wife. They resided together until the latter part of October, 1937, at which time Morrison went to Nevada City, California. After securing work, he sent for appellant and she joined him in California, where they lived and held themselves out as man and wife until some time in November, 1938, at which time they returned to Butte. About June, 1939, Morrison left for Jardine, Montana, where he remained for two weeks, then returning to Butte. June 27, 1939, he wrote appellant from Jardine, addressing the letter to "Mrs. Evelyn Morrison, 22 1/2 E. Park St., Butte, Mont." He wrote her in endearing terms, expressing the "hope [that] I get a letter from you this week," and signed the letter "Always yours, Chet."

May 3, 1937, Morrison applied to the manager of the Butte Mutual Labor Bureau, which is a hiring agency for certain of the mines including the Bellmont Mine; and he registered for employment on the registration card and gave his wife's name as Beulah and her address as Silverton, Colorado. After his return from Jardine, about July 15, 1939, he again registered at the Butte Mutual Labor Bureau for employment and there stated that he was married and that his wife was his dependent, living at 22 1/2 East Park Street, Butte, Montana. At the time of the first registration, Beulah was his wife and resided at Silverton, Colo., but she was not his wife at the time of the second registration and did not live at 22 1/2 East Park Street, Butte; whereas, appellant then resided at the latter address. August 3, 1939, he left for Kellogg, Idaho, appellant remaining in Butte; he wrote appellant from Kellogg. There were bills owing for back room rent and for an overcoat. When he left Butte, he spoke to Mrs. Parsons, the landlady, and told her he was going to Idaho to get work and that his wife would occupy the room and "he would pay the bill."

When Morrison arrived in Kellogg, he applied for work at the Sunshine Mine and at that time was asked the usual preemployment questions and signed a card, stating that he was a married man; "that his wife's name was Evelyn and she resided at Kellogg, Idaho, and gave her address as 'general delivery'". He rented a room at the Bresnahan Apartments in Kellogg and he and a woman he had with him (who was not appellant) were known as Mr. and Mrs. Morrison. September 14, 1939, Morrison was instantly killed as a result of an accident arising out of and in the course of his employment with the Sunshine Mining Company.

September 30, 1939, Evelyn Morrison (appellant) made a claim for compensation, giving date of her marriage as of July 3d, 1937, and as being "wholly" dependent on deceased at time of accident. August 12, 1940, petition for hearing before the Board, was received from appellant. September 12, 1940, claim for compensation by "Effie F. Morrison", mother of deceased, was filed, showing her residence to be Sugar City, Colorado, and being "only partially" dependent on deceased for support at time of accident. The claimant, "Effie F. Morrison", made no appearance at the hearing nor caused any one to appear in her behalf.

Respondent for the purpose of disproving appellant's contention, that she was the wife of the decedent, introduced three witnesses from Kellogg, two of whom testified that the day following the accident, a woman, representing herself to be Mrs. Morrison, stated to them that she was Chester Lee Morrison's wife. These statements were made after Morrison's death and in the absence, and without the knowledge, of appellant. The third witness, Mrs. Emma Eva, testified that she was the keeper of the Bresnahan Apartment house in Kellogg; and that sometime (neither the day nor month designated) she rented two adjoining rooms to a man named Morrison and a man named Gillan; and they represented that they were married men; and later the rooms were occupied by these...

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    ...in Idaho to enjoy these benefits, as Idaho generally follows the so-called “place of celebration rule.” See Morrison v. Sunshine Mining Co., 64 Idaho 6, 127 P.2d 766, 769 (1942) (“Having assumed and entered into the marital relation with appellant in Montana, the status thus established fol......
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