Legal Opinion

Mason v. Fuller

Supreme Court of Vermont

Decided August 15, 1872PublishedCited by 9 opinions

This was a complaint for bastardy, made by the said Yergina by the name of Vergina Yine, dated in January, 1871, wherein she represented herself as a single woman. The case was entered at the May term, 1871, and continued to the December term following, at which term it was tried by jury upon the general issue, Redfield, J., presiding. Before trial, John Mason, by leave of court, entered as a party plaintiff, as the husband of said Yergina.

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This was a complaint for bastardy, made by the said Yergina by the name of Vergina Yine, dated in January, 1871, wherein she represented herself as a single woman. The case was entered at the May term, 1871, and continued to the December term following, at which term it was tried by jury upon the general issue, Redfield, J., presiding. Before trial, John Mason, by leave of court, entered as a party plaintiff, as the husband of said Yergina. The said Vergina testified on cross-examination as follows: “ I was married to my first husband, Edward Yine, some fourteen years ago, and lived with him…

1Opinion of the Court

*32The opinion of the court was delivered by

Wheeler, J.

■ I. The witness Almira Adams, by her experience and observation, appears to have acquired knowledge of the subjects about which she was testifying, that persons generally do not have. To the extent of this peculiar knowledge, she was a person of skill and science, and her opinion, founded upon it, was evidence competent to go to the jury. Goodtitle v. Braham, 4 T. R. 497; Chaurand et al. v. Angerstein, Peake, 44; 1 Phil. Ev. with Cowen & Hill’s notes, 778.

II. So far as the defendant asked the court to charge that the plaintiff must show the…

2Cases cited1 opinion

  1. Webb v. RichardsonSupreme Court of Vermont · 1869

3Cited by9 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. Allen v. VojeWisconsin Supreme Court · 1902
  3. Metropolitan Life Insurance v. LyonsIndiana Court of Appeals · 1912
  4. Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
  5. State v. TrustySupreme Court of Iowa · 1904

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