Plourd v. Jarvis
Supreme Judicial Court of Maine
On motion and exceptions by defendant. Action on the case for unlawfully persuading and enticing plaintiffs wife to refuse him marital intercourse. Plea, general issue. Verdict for plaintiff for $2,833.33. The case sufficiently appears in the opinion. Exceptions. The evidence was proof of adultery which was not alleged or charged. Defendant was not bound to meet a case for adultery, not being charged with it. The evidence should have been excluded.
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On motion and exceptions by defendant. Action on the case for unlawfully persuading and enticing plaintiffs wife to refuse him marital intercourse. Plea, general issue. Verdict for plaintiff for $2,833.33. The case sufficiently appears in the opinion. Exceptions. The evidence was proof of adultery which was not alleged or charged. Defendant was not bound to meet a case for adultery, not being charged with it. The evidence should have been excluded. Perry v. Lovejoy, 49 Mich., 529. If the action were for adultery, the plaintiff would be bound to prove a legal and formal marriage, but in the…
1Opinion of the CourtEmery, J.
This case is before the law court on the defendant’s exceptions to the admissibility of certain evidence, and on his motion to set aside the verdict against him as against the evidence.
I. The exceptions. The pith of the plaintiff’s declaration is that the defendant “unlawfully persuaded and enticed” the plaintiff’s wife to refuse him marital intercourse. The defendant did not demur but traversed. As tending to prove the above allegation and as a step toward such proof, the plaintiff offered evidence of interviews between the defendant and the plaintiff’s wife; of their meetings in a saloon at…
2Cited by9 opinions
- State v. MosleySupreme Judicial Court of Maine · 1934
- Warren v. GrahamSupreme Court of Iowa · 1916
- State v. BrownSupreme Judicial Court of Maine · 1946
- Sullivan v. ValiquetteSupreme Court of Colorado · 1919
- Lisle v. LynchCourt of Appeals of Texas · 1958
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