The King against The Inhabitants of Tibshelf
| Jurisdiction | England & Wales |
| Date | 1830 |
| Year | 1830 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 758
IN THE COURT OF KING'S BENCH.
S. C. 8 L. J. M. C. O. S. 120.
190] the king against the inhabitants of tibshelf. 1830. In the publication of banns, in 1817, a woman named Mary Hodgkinson was called White, a surname entered by mistake in the register of her baptism, but which she had never gone by or been entitled to. The false name was given to the officiating clergyman without any intention to mislead, nor did any individual having an interest in the marriage appear to have been deceived: Held that the marriage was void. It might have been otherwise if (without any fraudulent intent) there had been only a partial variation of the name, or the addition or suppression of one Christian name, or the name had been one, which the party had ever used or been known by. [S. C. 8 L. J. M. C. O. S. 120.] On appeal against an order of two justices, whereby Mary Betts, the wife of Joseph Betts, (commonly called Wilson,) living apart from her husband, and her six children, were removed from the parish of Mansfield in the county of Nottingham, to the parish or township of Tibshelf, in the county of Derby; the sessions confirmed the order, subject to the opinion of this Court on the following case:- The pauper and her husband (he having gained a settlement in the appellant parish by the apprenticeship hereinafter referred to) were married in the year 1817 by banns, he by the name of Joseph Betts, and she by the name of Mary White. The husband had been baptized as the son of John and Mary Betts. Mary Betts was the daughter of Samuel Wilson, and her husband having absconded shortly after their marriage, her son, the pauper's husband, was brought up by his maternal grandfather, and was always called by the name of Wilson, was bound apprentice by that name, with the consent of his grandfather, and was never called or known by the name of Betts, or by any other name than Wilson, either before or after his marriage with the pauper. The pauper Mary was the legitimate daughter of Job and Martha Hodgkinson, and was never called or known by any name except Hodgkinson till after her marriage; but in the register of her baptism she is described as " Mary the daughter of Samuel [191] White and his wife." It appeared that her mother was the daughter of Samuel and Dorothy White, and that her father and mother resided with them at the time of her birth, and her mother's brother (who was called as a witness for the respondents) stated that he believed the entry in the register to have been a mistake of the clergyman who...
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...* See the; case of Boss v Litton, ante, p. 408, and Gibbon, v Pepper cited therein (a) In the case of r?jl v Inhab of Tibshdf, 1 B. & Ad 190. Lord Tenterden, C J., says that, with respect to marriages, the following rules are fully established by a series of decisions .-" First, that if the......
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