Document Type

Note

Publication Date

1943

Publication Information

19 Notre Dame Law. 74 (1943).

Abstract

In England, the ecclesiastical courts assumed jurisdiction to decree the annulment of the marriages of infants who were below the age of consent. In this country, such courts did not exist. Hence, at an early date, courts of equity assumed jurisdiction; at the present writing, such jurisdiction is controlled locally by statutory enactment.

At common law the right to annul the marriage on the ground of non-age extended to the parties only. The United States has generally adopted the English view—with the exception of two states: New York and Oklahoma.

Comments

Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).

Included in

Civil Law Commons

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