42-114 Want of jurisdiction; marriage not void, when.
42-114. Want of jurisdiction; marriage not void, when.No marriage solemnized before any person professing to be a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed minister; Provided, the marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. SourceR.S.1866, c. 34, § 14, p. 256; R.S.1913, § 1533; C.S.1922, § 1502; C.S.1929, § 42-114; R.S.1943, § 42-114; Laws 1972, LB 1032, § 250. AnnotationsThis section authorizes anyone to perform a valid marriage ceremony if he holds himself out to be a minister or justice of the peace, provided the marriage is consummated with a full belief on the part of either of the parties that they have been lawfully joined in marriage. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932).If person before whom marriage solemnized had no authority to perform same but professed to have and was believed to have by both parties so married, or either of them, marriage is valid. Haggin v. Haggin, 35 Neb. 375, 53 N.W. 209 (1892).