Shattuck v. Hammond
Supreme Court of Vermont
Case for criminal conversation with the plaintiff’s wife. Plea, the general issue, and trial by jury, June term, 1868, Pierpoint, Ch. J., presiding.
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Case for criminal conversation with the plaintiff’s wife. Plea, the general issue, and trial by jury, June term, 1868, Pierpoint, Ch. J., presiding. The writ was dated February 18th, 1867. The testimony on the part oí the plaintiff tended to show, that during most of the years 1865 and 1866, the families of the plaintiff and defendant were on intimate terms, and that the defendant, sometimes with his family and sometimes alone, frequently called and visited at the plaintiff’s house; that the defendant had illicit intercourse with the plaintiff’s wife at three different times in the summer and…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
Of the several points of exception that were taken on the trial in the county court, and have been argued in this court, only upon one do we find occasion to reverse the judgment, though on the others there was not entire concurrence of views. We think the exception was well taken to the exclusion of the testimony offered to show the conduct of the plaintiff with Martha Church. It would seem that the same principle that accords to the plaintiff the right to show, iu aggravation of damages, his rank and quality, would entitle the defendant to…
2Cases cited2 opinions
- Foot v. TracyNew York Supreme Court · 1806
- Smith v. MastenNew York Supreme Court · 1836
3Cited by5 opinions
- Cross v. GrantSupreme Court of New Hampshire · 1883
- Yatter v. MillerSupreme Court of Vermont · 1888
- Schorn v. BerryNew York Supreme Court · 1892
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- Purdy v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1909