Legal Opinion

Gilchrist v. Bale

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 21 opinions

ERROR, to the common pleas of Dauphin county. William Bale against Daniel Meader, Moses Meader, and Robert Gilchrist. This was an action of trespass on the case', for persuading, procuring, and enticing away the plaintiff’s wife, for the purpose (as it was laid in two of the counts) “ of affording a more convenient'and uninterrupted opportunity to one of the said defendants (Gilchrist) to maintain, keep up, and continue, an unlawful criminal intercourse with the said wife of…

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ERROR, to the common pleas of Dauphin county. William Bale against Daniel Meader, Moses Meader, and Robert Gilchrist. This was an action of trespass on the case', for persuading, procuring, and enticing away the plaintiff’s wife, for the purpose (as it was laid in two of the counts) “ of affording a more convenient'and uninterrupted opportunity to one of the said defendants (Gilchrist) to maintain, keep up, and continue, an unlawful criminal intercourse with the said wife of the plaintiff.” Daniel and Moses Meader, two of the defendants were the father and brother of the plaintiff’s wife.…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, ,T.

The gravumen of the action is the enticing away the plaintiff’s wife. There was no direct and positive proof of any combination between the defendants for the purpose, but the jury was asked to infer their participation in her abduction, from their acts, declarations and conduct before, at the time, and after her departure from the dwelling of her husband. To disprove the allegation in the declaration, that the wife deserted her husband by the advice and at the procurement and solicitation of the defendants, they offered to prove by her…

2Cases cited2 opinions

  1. Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
  2. Garvin v. DawsonSupreme Court of Pennsylvania · 1825

3Cited by21 opinions

  1. State v. HowardSupreme Court of Vermont · 1859
  2. Higham v. VanosdolIndiana Supreme Court · 1885
  3. Ickes v. IckesSupreme Court of Pennsylvania · 1912
  4. Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
  5. Rudd v. RoundsSupreme Court of Vermont · 1892

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