Schuneman v. Palmer
New York Supreme Court
This was an action on the case for enticing away and harboring the plaintiff’s wife. It was tried at the Greene circuit in May, 1847, before Parker, circuit judge.
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This was an action on the case for enticing away and harboring the plaintiff’s wife. It was tried at the Greene circuit in May, 1847, before Parker, circuit judge. It was proved, upon the trial, that the families of the plaintiff and defendant had been several years on intimate terms; that the plaintiff and the defendant were both farmers, residing in the town of Athens, about two miles from each other; that the plaintiff and his wife had frequently been at the defendant’s house together ; that the plaintiff’s wife was a relative of the defendant’s wife, the only relative she had in that…
1Opinion of the Court
By the Court, Harris, J.
The circuit judge was clearly right in refusing to charge the jury as requested by the plaintiff’s counsel. The proposition assumes two facts, one of which had been proved and the other had not. The defendant had taken the plaintiff’s wife away after he had received the plaintiff’s notice, but instead of keeping her three days, he had himself brought her back the next day. But, I- think also that, if the facts had been as assumed by the plaintiff’s counsel, the judge would still have been right in refusing to charge that such a state of facts would, as a matter of…
2Cases cited2 opinions
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- Turner v. EstesMassachusetts Supreme Judicial Court · 1807
3Cited by7 opinions
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- Perry v. LoyejoyMichigan Supreme Court · 1883
- Heermance v. JamesNew York Supreme Court · 1866
- Barnes v. AllenNew York Court of Appeals · 1864
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