Document Type

Article

Publication Date

1943

Publication Information

Note, 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.

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Civil Law Commons

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