Smith v. Merrill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action for damages alleged to have been sustained by the plaintiff by reason of the defendant having wrongfully and wickedly debauched and carnally known the plaintifE’s wife, Addie, in March, 1887. The answer, after admitting that the plaintiff and Addie were husband and wTife, consisted of a general denial.
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APPEAL from the Circuit Court for Dodge County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action for damages alleged to have been sustained by the plaintiff by reason of the defendant having wrongfully and wickedly debauched and carnally known the plaintifE’s wife, Addie, in March, 1887. The answer, after admitting that the plaintiff and Addie were husband and wTife, consisted of a general denial. At the close of the trial, the jury returned a verdict in favor of the plaintiff, and assessed his damages at $1,800. Prom the judgment entered upon said…
1Opinion of the CourtCassoday, J.
1. A careful consideration of the record forces us to the conclusion that there were at least two substantial errors upon the trial. On the plaintiff’s direct ex-*462animation he testified to the effect that he had an altercation with the defendant one night in the spring of 1888, in consequence of the latter’s intimacy with his wife; that after that affair took place some papers were drawn; “ that a note was written by his wife the same day the paper was drawn; that he took the original from her bosom, agreed to return it, copied it, and gave it back to her; that he saw his wife write it and put…
2Cases cited5 opinions
- Blabon v. GilchristWisconsin Supreme Court · 1886
- Selden v. StateWisconsin Supreme Court · 1889
- Butts v. NewtonWisconsin Supreme Court · 1872
- Farrell v. LedwellWisconsin Supreme Court · 1866
- Yager v. LarsenWisconsin Supreme Court · 1867
3Cited by6 opinions
- In re Valentine's WillWisconsin Supreme Court · 1896
- Grabowski v. StateWisconsin Supreme Court · 1905
- Ware v. StateWisconsin Supreme Court · 1930
- Horner v. YanceWisconsin Supreme Court · 1896
- Crawford v. StateWisconsin Supreme Court · 1898
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