History:
L. 1867, ch. 84, § 12; G.S. 1868, ch. 61, § 12; R.S. 1923, 23-118; Repealed, L. 1979, ch. 90, § 10; July 1.
CASE ANNOTATIONS
1. Punishment inflicted for disregarding statute without rendering common-law marriage void. The State v. Walker, 36 Kan. 297, 13 P. 279.
2. Common-law marriage recognized even though section violated. Smith v. Smith, 161 Kan. 1, 2, 3, 165 P.2d 593.
3. Authority of court to consider former wife's action in holding herself out as wife of another although common-law marriage not established (dissenting opinion). Fleming v. Fleming, 221 Kan. 290, 293, 294, 559 P.2d 329.
4. Referred to in concurring opinion awarding child custody to the father. Hill v. Hill, 228 Kan. 680, 686, 689, 620 P.2d 1114.
Notes of Decisions
Cited in 2
cases, 1977–1980 · leading case: Fleming v. Fleming, 559 P.2d 329 (Kan. 1977).
Fleming v. Fleming, 559 P.2d 329 (Kan. 1977). · cites it 3דK.S.A. 23-118 provides: "That any persons living together as man and wife within this state without being married shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than five hundred nor more than one thousand dollars, or be…”
Hill v. Hill, 620 P.2d 1114 (Kan. 1980). · cites it 6דIn fact, Linda's testimony is a self-indictment of unlawful conduct denounced by the laws of the State of New Mexico where she lives, and the laws of Kansas, until the repeal of K.S.A. 23-118, effective July 1, 1979. Consider also 18 U.”
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