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A History of Matrimonial Institutions, Vol. 3 of 3

Note 634 — Chapter XVIII · PROBLEMS OF MARRIAGE AND THE FAMILY

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See Bennett, "Uniformity in Mar. and Div. Laws," Am. Law Register, N. S., XXXV, 223 ff., who points out that the statutes of Alabama, Pennsylvania, and Missouri, where the common-law marriage is valid, are far more prohibitory than those of Massachusetts, Maryland, or West Virginia, where it is void. The statute of Alabama says positively that "no marriage shall be solemnized without a license issued by the judge of probate of the county where the female resides;" but a marriage so solemnized is nevertheless valid.

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