Legal Opinion

White v. Ely

Massachusetts Supreme Judicial Court

Decided December 1, 1919PublishedCited by 7 opinions

Tort, the plaintiff alleging that the defendant "wrongfully and wickedly debauched and carnally knew” the plaintiff’s husband. Writ dated October 22, 1917. In the Superior Court the action was tried before Aiken, C. J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered for her. The motion was denied. There was a verdict for the plaintiff in the sum of $15,000; and the defendant alleged exceptions.

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Tort, the plaintiff alleging that the defendant "wrongfully and wickedly debauched and carnally knew” the plaintiff’s husband. Writ dated October 22, 1917. In the Superior Court the action was tried before Aiken, C. J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered for her. The motion was denied. There was a verdict for the plaintiff in the sum of $15,000; and the defendant alleged exceptions. The case was argued at the bar in September, 1919, before Rugg, C. J., Braley, De Courcy, Crosby, & Carroll, JJ., and…

1Opinion of the CourtCarroll, J.

The plaintiff alleged that the defendant committed adultery with her husband on March 1, 1917, and upon *222other days and times between that date and September 4, 1917. At the close of the evidence the defendant filed a written motion asking that a verdict be directed in her favor; the motion was denied and the defendant excepted. There was a verdict for the plaintiff of $15,000.

The plaintiff was married to J. Lewis White in 1899. In 1907 he was a practising physician in East Orange, New Jersey. In 1910 she separated from him, but in 1912 returned, and lived with him until May, 1913. In that…

2Cases cited3 opinions

  1. Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
  2. Negus v. FooteMassachusetts Supreme Judicial Court · 1917
  3. Brooks v. BrooksMassachusetts Supreme Judicial Court · 1888

3Cited by7 opinions

  1. Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
  2. Silke v. SilkeMassachusetts Supreme Judicial Court · 1950
  3. McCracken v. CohenMassachusetts Supreme Judicial Court · 1947
  4. Murphy v. MurphyMassachusetts Supreme Judicial Court · 1923
  5. Adkins v. AdkinsSuperior Court of Delaware · 1937

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