{ "id": 1517079, "name": "O'Neill v. Davis", "name_abbreviation": "O'Neill v. Davis", "decision_date": "1908-11-23", "docket_number": "", "first_page": "196", "last_page": "200", "citations": [ { "type": "official", "cite": "88 Ark. 196" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "14 L. R. A. 364", "category": "reporters:federal", "reporter": "L.R.A.", "opinion_index": -1 }, { "cite": "42 Md. 297", "category": "reporters:state", "reporter": "Md.", "opinion_index": -1 }, { "cite": "53 Miss. 37", "category": "reporters:state", "reporter": "Miss.", "case_ids": [ 1670090 ], "opinion_index": -1, "case_paths": [ "/miss/53/0037-01" ] }, { "cite": "49 Miss. 751", "category": "reporters:state", "reporter": "Miss.", "case_ids": [ 9518072 ], "opinion_index": -1, "case_paths": [ "/miss/49/0751-01" ] }, { "cite": "102 N. Y. 714", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2203023 ], "opinion_index": -1, "case_paths": [ "/ny/102/0714-01" ] }, { "cite": "114 Mass. 566", "category": "reporters:state", "reporter": "Mass.", "case_ids": [ 722386 ], "opinion_index": -1, "case_paths": [ "/mass/114/0566-01" ] }, { "cite": "57 Am. Rep. 448", "category": "reporters:state_regional", "reporter": "Am. Rep.", "opinion_index": -1 }, { "cite": "95 N. C. 551", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11274895 ], "opinion_index": -1, "case_paths": [ "/nc/95/0551-01" ] }, { "cite": "4 N. Y. 230", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2005608 ], "opinion_index": -1, "case_paths": [ "/ny/4/0230-01" ] }, { "cite": "4 Am. Dec. 244", "category": "reporters:federal", "reporter": "Am. Dec.", "opinion_index": -1 }, { "cite": "88 Mich. 279", "category": "reporters:state", "reporter": "Mich.", "case_ids": [ 1375097 ], "opinion_index": -1, "case_paths": [ "/mich/88/0279-01" ] }, { "cite": "45 Md. 144", "category": "reporters:state", "reporter": "Md.", "case_ids": [ 1851081 ], "weight": 2, "opinion_index": -1, "case_paths": [ "/md/45/0144-01" ] }, { "cite": "22 Am. Rep. 245", "category": "reporters:state_regional", "reporter": "Am. Rep.", "opinion_index": -1 }, { "cite": "144 Ind. 189", "category": "reporters:state", "reporter": "Ind.", "case_ids": [ 1633619 ], "opinion_index": -1, "case_paths": [ "/ind/144/0189-01" ] }, { "cite": "51 Am. Rep. 742", "category": "reporters:state_regional", "reporter": "Am. Rep.", "opinion_index": -1 }, { "cite": "66 Ill. App. 526", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 5186241 ], "opinion_index": -1, "case_paths": [ "/ill-app/66/0526-01" ] }, { "cite": "24 Col. 510", "category": "reporters:state", "reporter": "Col.", "opinion_index": -1 }, { "cite": "82 Ark. 77", "category": "reporters:state", "reporter": "Ark.", "weight": 2, "opinion_index": -1 }, { "cite": "28 Ark. 19", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1884428 ], "opinion_index": -1, "case_paths": [ "/ark/28/0019-01" ] }, { "cite": "112 S. W. 282", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": -1 }, { "cite": "81 Mo. 562", "category": "reporters:state", "reporter": "Mo.", "opinion_index": -1 }, { "cite": "103 Mo. 191", "category": "reporters:state", "reporter": "Mo.", "weight": 2, "pin_cites": [ { "page": "266" } ], "opinion_index": -1 }, { "cite": "63 Mo. 501", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 970009 ], "opinion_index": -1, "case_paths": [ "/mo/63/0501-01" ] }, { "cite": "66 Mo. 391", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 962272 ], "opinion_index": -1, "case_paths": [ "/mo/66/0391-01" ] }, { "cite": "82 Ark. 76", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1529099 ], "pin_cites": [ { "page": "82" } ], "opinion_index": 0, "case_paths": [ "/ark/82/0076-01" ] }, { "cite": "14 L. R. A. 364", "category": "reporters:federal", "reporter": "L.R.A.", "opinion_index": 0 }, { "cite": "102 N. Y. 714", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2203023 ], "opinion_index": 0, "case_paths": [ "/ny/102/0714-01" ] }, { "cite": "95 N. C. 551", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11274895 ], "opinion_index": 0, "case_paths": [ "/nc/95/0551-01" ] }, { "cite": "45 Md. 144", "category": "reporters:state", "reporter": "Md.", "case_ids": [ 1851081 ], "opinion_index": 0, "case_paths": [ "/md/45/0144-01" ] } ], "analysis": { "cardinality": 481, "char_count": 8518, "ocr_confidence": 0.682, "pagerank": { "raw": 9.157414585211241e-08, "percentile": 0.5083460464297339 }, "sha256": "6f528c65a6d4cfdc9298a3f580f0621a637c966ad97806234d59b122709b1aee", "simhash": "1:16c27ea110994907", "word_count": 1518 }, "last_updated": "2023-07-14T19:57:49.818757+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "O\u2019Neill v. Davis." ], "opinions": [ { "text": "Battue, J-\nAnnie O\u2019Neill claims to be the widow of John O\u2019Neill, deceased, and that she was entitled to the homestead of which he died seized and possessed, and to dower in his estate. The court, by consent, sitting as a jury, found the facts in the case as follows:\n\u201cI. That in the year 1890 John O\u2019Neill was the head of a family, consisting of himself, his wife, Eillie O\u2019Neal, and two girls, all of whom are still living. On or about said time he became acquainted with a girl by the name of Annie Eewis; that from and after said time defendant and the said Annie Eewis have lived and cohabited together, that he introduced her to his friends and acquaintances and held her out to be his wife; that they maintained an establishment in the city of St. Eouis, and lie furnished and supplied the same as a home, paying the bills and expenses incidental, and they were regarded among their friends and acquaintances as husband and wife.\n\u201cII. No ceremony of marriage was performed between the said John O\u2019Neill and Annie Lewis; and if they ever were man and wife, it was by virtue of a contract entered into by them according to the common law.,\n\u201cIII. During all said time that John O\u2019Neill and Annie Lewis lived together until August 27, 1904, said John O\u2019Neill had a wife living from whom he was not divorced.\n\u201cIV. On August 27, 1904, the superior court of King County in the State of Washington entered a decree on the complaint of Lillie O\u2019Neill, wife of the said John O\u2019Neill, in which the said Lillie O\u2019Neill was granted a divorce from the said Tohn O\u2019Neill.\n\u201cV. That after the 27th of August, 1904, the said John O\u2019Neill and Annie Lewis lived together as man and wife in the city of St. Louis, Missouri, until about November or December of that year.\n\u201cDuring said time they lived in a flat where they received their friends and acquaintances and held themselves out to the public and acquaintances as man and wife. The said John O\u2019Neill introducing the said Annie as his wife, and both of them acting and conducting themselves in a manner usually observable, between man and wife.\n\u201cVI. That in the latter part of the year 1904, John O\u2019Neill visited Hot Springs, Arkansas, purchased the property involved in this action, and took steps to have erected thereon a cottage home; and that while said cottage was being built the said John O\u2019Neill brought the said Annie Lewis to Hot Springs, and they boarded at the home and residence of one George Hagerman until their own home could be completed. Upon his arrival at Hot Springs with the said Annie, he introduced her at the Hagerman House and elsewhere as his wife, and while they stayed there they occupied one room and were known as Mr. and Mrs. O\u2019Neill and in no other way. Afterwards, when this cottage was completed, they took up their residence in said cottage, and there they dwelt together as man and wife until the death of John O\u2019Neill, which occurred on the 17th day of February, 1905. That while they so resided in said cottage he'introduced her as his wife; that no one resided in said cottage except them; that she looked after the household and performed such duties as are usually done by the housewife or mistress of the house. Upon the death of John O\u2019Neill, the said Annie gave directions for the obsequies, selected a lot in the cemetery for the burial, selected a casket and attended the funeral.\u201d\nThe evidence sustains this finding of facts.\nAnd the court declared the law of the case as follows: \u201cUpon the facts found, the court declares as matters of law:\n\u201cI. Prior to August 27, 1904, there was an impediment to the marriage of John O\u2019Neill and Annie Lewis, consisting of the fact that the said John had a living wife from whom he was not divorced and could not enter into a valid contract of marriage with the said Annie Lewis.\n\u201cII. Subsequent to the rendition of the decree for divorce August 27, 1904, the said John O\u2019Neill and Annie Lewis continued to live together just as they had for years prior thereto, there being, no evidence that their relations were changed after this date of divorce. The court holds that their continuing to live together as husband and wife, holding themselves out as such, establishing a home and other facts detailed by the evidence are not sufficient evidence of a contract of marriage entered into between them either before or subsequent to August 27, 1904, except their living together and holding themselves out as man and wife as aforesaid, no contract of marriage existed between said parties.\n\u201cIII. The claimant, Annie Lewis, is not entitled to dower and homestead in the property in controversy, under the laws of the State.\u201d\nAssuming, without deciding, that marriages according to the common law are valid in this State, we find that there is, no evidence before us that appellant and John O\u2019Neill contracted such marriage, or any other marriage.\nIn Darling v. Dent, 82 Ark. 76, 82, this court said: \u201cWhile it is true that if it be shown that the relations between Darling and Mrs. Williams were illicit in the beginning the burden is upon those asserting a valid marriage agreement to show that such an agreement was afterwards entered into, still there is no presumption that the relationship continued to be illicit. It is a matter of proof, and not of presumption, whether the relationship continued to be illicit or whether it was changed to a legal or moral status.\u201d In this case there was no evidence that Annie and John O\u2019Neill entered into any present agreement to take each other for husband and wife after he was divorced from a former wife on the 27th of August, 1904, or that they ever passed from a state of concubinage into that of marriage. Their continued cohabitation after the divorce does not prove that they changed their intent, which was to live together .without being married. The concomitants of their illicit relations are not sufficient, by their unasserted probative force, to prove that when they were at liberty to marry they embraced the opportunity. As Chief Justice Beasley said of such evidence, in Collins v. Voorhees, 14 L. R. A. 364, \u201cto treat evidence which was in all respects and to the utmost degree in accord with the original purpose as proving, proprio vigore, a change of such purpose appears to be not only inadmissible according to the legal rules, but as being in logic ridiculous.\u201d Collins v. Voorhees, 14 L. R. A. (N. J. Eq.), 364, and note; Harbeck v. Harbeck, 102 N. Y. 714; Ferrall v. Broadway, 95 N. C. 551; Jones v. Jones, 45 Md. 144.\nJudgment affirmed.", "type": "majority", "author": "Battue, J-" } ], "attorneys": [ "Greaves & Martin, for appellant.", "M. S. Cobb, for appellee." ], "corrections": "", "head_matter": "O\u2019Neill v. Davis.\nOpinion delivered November 23, 1908.\nMarriage \u2014 presumption\u2014Assuming without deciding that a marriage according to the common law is valid in this State, where a man and woman cohabited illegally before he was divorced from his wife, proof that they continued 'to cohabit after such divorce raises no presumption of a legal marriage.\nAppeal from Garland Circuit Court; W. H. Bvans, Judge;\naffirmed.\nGreaves & Martin, for appellant.\nIn Missouri, where appellant and O\u2019Neill assumed this relation, common law marriages are valid. 66 Mo. 391; 63 Mo. 501; 103 Mo. 191; Id. 266; 81 Mo. 562; 112 S. W. 282. Valid also in this State. 28 Ark. 19; 82 Ark. 77. There is no presumption of law that relations which were illicit in their beginning continued so after the impediment to marriage was removed, but on the contrary all legal presumptions are in favor of marriage. 19 Am. & Eng. Enc. of L. (2 Ed.), 1208-9; Id. 1203. The presumption is that appellant and O\u2019Neill remarried after his prior marriage was dissolved. 24 Col. 510; 66 Ill. App. 526; 51 Am. Rep. 742; 144 Ind. 189; 22 Am. Rep. 245; 45 Md. 144; 8 B. Mon. (Ky.), 113; 88 Mich. 279; 4 Am. Dec. 244; 8 Paige (N. Y.), 574; 18 Johns. (N. Y.), 346; 8 Hun (N. Y.) 68; 3 E. R. A. (N. S.), 244, and note.\nM. S. Cobb, for appellee.\nThe presumption is that a connection which was meretricious in the beginning continues so; and, while this presumption is not conclusive, it holds until removed by proof, and the burden is upon the party asserting a subsequent valid marriage. 82 Ark. 77; 4 N. Y. 230; 95 N. C. 551; 57 Am. Rep. 448; 114 Mass. 566; 102 N. Y. 714; 49 Miss. 751; 53 Miss. 37; 42 Md. 297; 45 Md. 144. And a mere continuance of cohabitation after the removal of the impediment to marriage is not sufficient to constitute, or to raise a presumption of, a valid marriage. 14 L. R. A. 364. There is no proof that the illicit relation existing between these parties was ever changed after the 27th of August, 1904." }, "file_name": "0196-01", "first_page_order": 216, "last_page_order": 220 }