Meyers v. Pope
Massachusetts Supreme Judicial Court
Tort for the seduction of the plaintiff’s wife. At the trial in the Superior Court, before Bacon, J., the plaintiff, to prove his marriage with his alleged wife, testified “ that about seven years ago, he, accompanied by his alleged wife, then named Ellen Duso, went before J. B. Hasler, Esquire, of Webster, in this county, supposed by them, to be a justice of the peace for the county, with intent on the part of both to contract marriage before him, both the plaintiff and…
Read the full summary
Tort for the seduction of the plaintiff’s wife. At the trial in the Superior Court, before Bacon, J., the plaintiff, to prove his marriage with his alleged wife, testified “ that about seven years ago, he, accompanied by his alleged wife, then named Ellen Duso, went before J. B. Hasler, Esquire, of Webster, in this county, supposed by them, to be a justice of the peace for the county, with intent on the part of both to contract marriage before him, both the plaintiff and Ellen Duso then residing at Oxford, in this county; that the plaintiff stated in Hasler’s presence and hearing that said…
1Opinion of the CourtChapman, C. J.
This was an action of tort for the seduction of Ellen Meyers, alleged to be the plaintiff’s wife. The presiding judge ruled that there was no evidence to authorize the jury to find the fact of marriage between the plaintiff and said Ellen, and directed a verdict for the defendant. It was formerly held, in actions of this kind, that a marriage in fact must be proved. Morris v. Miller, 4 Burr. 2057. Leader v. Barry, 1 Esp. 353. But the rule has been changed in this Commonwealth. The St. of 1840, o. 84, provided that “ whenever, on a hearing of any application for divorce, the fact of marriage…
2Cases cited1 opinion
- Inhabitants of Milford v. Inhabitants of WorcesterMassachusetts Supreme Judicial Court · 1810
3Cited by7 opinions
- Commonwealth v. MunsonMassachusetts Supreme Judicial Court · 1879
- Finer v. SteuerMassachusetts Supreme Judicial Court · 1926
- In re Estate of MegginsonOregon Supreme Court · 1891
- Smith v. SmithSupreme Court of New Jersey · 1889
- Stamper v. StanwoodMassachusetts Supreme Judicial Court · 1959
2 more not listed; retrieve them via the Exa API.