Thayer v. Thayer
Massachusetts Supreme Judicial Court
Libel for divorce on the ground of adultery with Mrs. Par-melee, alleged to have been committed on October 2, 1866. The, libel was filed November 27,1866. The case was heard before Wells, J., who reported it for the determination of the full court substantially as follows: It appeared that Mrs. Parmelee lived in the family of the libellee for about three years next previous to the filing of the libel.
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Libel for divorce on the ground of adultery with Mrs. Par-melee, alleged to have been committed on October 2, 1866. The, libel was filed November 27,1866. The case was heard before Wells, J., who reported it for the determination of the full court substantially as follows: It appeared that Mrs. Parmelee lived in the family of the libellee for about three years next previous to the filing of the libel. The evidence to sustain the allegations of the libel consisted of proof of close intimacy, acts of familiarity and circumstances of suspicion in the conduct of the libellee and Mrs. Parmelee…
1Opinion of the CourtColt, J.
The libellee, in support of his objection to the testimony which was admitted to prove adultery on several other occasions, since the date of the libel, out of the limits of the Commonwealth, relies upon the case of Commonwealth v. Horton, 2 Gray, 354. It was there held, upon the trial of an indictment for adultery with a person named, that evidence of subsequent cohabitation in another county was not admissible. This decision was by a majority of the court. It is put upon the familiar principle in criminal law, that evidence tending to prove a similar, but distinct offence, for the purpose…
2Cited by112 opinions
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- Alexander v. United StatesSupreme Court of the United States · 1891
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. AbbottMassachusetts Supreme Judicial Court · 1881
- People v. RuefCalifornia Court of Appeal · 1910
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