Legal Opinion

Ewell v. State

Tennessee Supreme Court

Decided March 15, 1834Published

The grand jurors in the circuit court of Bedford county found the following indictment against the plaintiff in error: “The grand jurors for the State of Tennessee, elected, empannelled, sworn and charged to enquire for the body of the county aforesaid, upon their oath aforesaid, present, that Dabney Ewell, late of the county aforesaid, physician, on the first day of October, in the year of our Lord eighteen hundred and thirty-one, with force and arms, in the county…

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The grand jurors in the circuit court of Bedford county found the following indictment against the plaintiff in error: “The grand jurors for the State of Tennessee, elected, empannelled, sworn and charged to enquire for the body of the county aforesaid, upon their oath aforesaid, present, that Dabney Ewell, late of the county aforesaid, physician, on the first day of October, in the year of our Lord eighteen hundred and thirty-one, with force and arms, in the county aforesaid, in and upon one Sarah Ewell, then and there being the daughter of one Pleasant Ewell, who was then and there the…

1Opinion of the Court

Catron, Ch. J.

1. Was the .evidence, that Sarah Ewell was the daughter of Pleasant Ewell, and that Dab-ney Ewell was the brother of Pleasant Ewell, competent?

The witnesses say they were so reputed. It is insisted tha.t the marriage of the father and mother of Pleasant and Dabney Ewell must be proved, and also that of Pleasant Ewell and his wife, the mother of Sarah Ewell, and'then the issue: that this is the best evidence of relationship: that the very fact of marriage of the parents must be proved as in cases of bigamy, and for criminal conversation.

In these cases the indictment in the one,…

2Cases cited1 opinion

  1. Jackson v. Dillon's LesseeTennessee Supreme Court · 1814

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