Brown v. Evans
Michigan Supreme Court
Error to Allegan; Padgham, J. Case by Harry Brown against Isaac E. Evans for the alienation of the affections of plaintiff’s wife, and for criminal conversation. There was judgment for defendant, and plaintiff brings error. Plaintiff in his declaration charged defendant with the alienation of his wife’s affections and criminal conversation with her.
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Error to Allegan; Padgham, J. Case by Harry Brown against Isaac E. Evans for the alienation of the affections of plaintiff’s wife, and for criminal conversation. There was judgment for defendant, and plaintiff brings error. Plaintiff in his declaration charged defendant with the alienation of his wife’s affections and criminal conversation with her. Defendant denied the accusation, and charged that the plaintiff and certain other persons had entered into a conspiracy against him for the purposes of blackmail. The testimony is in very sharp conflict. The jury evidently found it necessary to…
1Opinion of the CourtGrant, J.
(after stating the facts)-. 1. The learned circuit judge fully and fairly stated to the jury the claims of the respective parties. He then fully and correctly instructed them upon all the questions of law involved. Upon the question of adultery he instructed the jury in part as follows:
“Mere opportunity to commit adultery is not sufficient to establish this offense; there must be evidence of such facts and circumstances, times and places, and association together as would naturally lead a man of ordinary care and prudence to the conclusion that such parties were having illicit sexual…
2Cases cited2 opinions
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