Legal Opinion

Carter v. Hill

Michigan Supreme Court

Decided June 6, 1890PublishedCited by 11 opinions

Error to Clinton. (Moore, J., presiding.) Case. Defendant brings error. The facts-are stated in the opinion. contended as stated in the opinion. 1. The only objection made to the testimony of plaintiff to the conversation had with his wife before marriage was that it was incompetent. There certainly could be no better evidence of what Mrs. Carter said about staying at defendant’s after her marriage to plaintiff than that of one who hoard her say it.

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Error to Clinton. (Moore, J., presiding.) Case. Defendant brings error. The facts-are stated in the opinion. contended as stated in the opinion. 1. The only objection made to the testimony of plaintiff to the conversation had with his wife before marriage was that it was incompetent. There certainly could be no better evidence of what Mrs. Carter said about staying at defendant’s after her marriage to plaintiff than that of one who hoard her say it. The testimony was clearly competent, and was properly received; citing 1 Greenl. Ev. § 2; Duflo v. Juif, 63 Mich. 613; and no other objection can…

1Opinion of the CourtCahill, J.

The plaintiff brought an action to recover damages from the defendant for the alienation of his wife’s affections, for criminal intercourse with her, and for enticing her away from home. He recovered a judgment for $800, from which defendant appeals.

Upon the trial the plaintiff ivas called as a witness on his own behalf, and testified to important facts affecting the main charge against the defendant, — that of adultery with plaintiff’s wife. Among other things, he was allowed *277to testify, against objection, to a conversation had, a short time before his marriage, between himself and the woman…

2Cases cited1 opinion

  1. Maynard v. VintonMichigan Supreme Court · 1886

3Cited by11 opinions

  1. Knickerbocker v. WorthingMichigan Supreme Court · 1904
  2. Hagerman v. WigentMichigan Supreme Court · 1896
  3. People v. TonerMichigan Supreme Court · 1922
  4. In re Doty's EstateMichigan Supreme Court · 1920
  5. Hanselman v. DovelMichigan Supreme Court · 1894

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