Marriage certificate and record as evidence.

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42-116. Marriage certificate and record as evidence.

The original certificate and record of marriage made by the minister, officer, or person, as prescribed in sections 42-101 to 42-117, and the record thereof, made as prescribed, a copy of such record, duly certified by such officer, or an abstract of marriage as defined in section 71-601.01, shall be received in all courts and places as presumptive evidence of the fact of such marriage.

Source

  • R.S.1866, c. 34, § 16, p. 256;
  • R.S.1913, § 1555;
  • C.S.1922, § 1504;
  • C.S.1929, § 42-116;
  • R.S.1943, § 42-116;
  • Laws 2006, LB 1115, § 29.

Annotations

  • Proof of marriage may be made by either party. Bailey v. State, 36 Neb. 808, 55 N.W. 241 (1893).

  • Proof of official character of person performing ceremony is unnecessary; marriage may be proved by eyewitness. Lord v. State, 17 Neb. 526, 23 N.W. 507 (1885).


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