Oliver Wendell Holmes, Jr.

“ Taking all the requests for rulings and the rulings together we are inclined to agree with the Court below that common law marriage and marriage under the customs of the tribe were used as equivalent phrases and to assume in favor of the plaintiff in error that the request means that a marriage of Chickasaws although in accord with their customs was invalid under a Chickasaw Act of October 12, 1876, unless solemnized by a judge or ordained preacher of the Gospel. ”

“ There was some evidence that Charles Puller and Louisa James held themselves out as man and wife and were reputed MARRIED. THERE WAS EVIDENCE ALSO THAT IT was customARy to disregard solemnization before a judge or preacher. It would be going somewhat far to construe the Chickasaw statute as purporting to invalidate marriages not so solemnized. ”