Legal Opinion

Quinn v. Quinn

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 4 opinions

This was a libel for a divorce from the bonds of matrimony, alledging, as a cause, the intolerable severity of the petitionee. In the course of the trial the counsel offered in evidence the record of a conviction of the petitionee of an assault and battery upon the petitioner.

1Opinion of the Court

By the Court.

We could not receive the record, in this case, for *any purpose, except to prove the fact of the conviction. It would not be proof of the assault and battery alledged, for the same reason that such a conviction is not evidence in a civil case, when the same matter comes in question, — that is, that it might have been obtained upon the testimony of the person in whose favor it is offered.

2Cited by4 opinions

  1. Fratini v. CasliniSupreme Court of Vermont · 1894
  2. Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
  3. State v. SargoodSupreme Court of Vermont · 1907
  4. AnonymousMississippi Supreme Court · 1880