Parker v. Way
Superior Court of New Hampshire
Assumpsit on a promissory note, dated on the 20th day of May, A. I). 1842, made by the defendant for the sum of ninety dollars, payable to the plaintiff, Sally Parker, on demand, with interest. Plea, the general issue. The defendant offered evidence that about two years since the plaintiff was married to one Henry Parker. To prove the marriage, he offered a witness who testified that he was present at the marriage, which was solemnized before a justice of the peace.
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Assumpsit on a promissory note, dated on the 20th day of May, A. I). 1842, made by the defendant for the sum of ninety dollars, payable to the plaintiff, Sally Parker, on demand, with interest. Plea, the general issue. The defendant offered evidence that about two years since the plaintiff was married to one Henry Parker. To prove the marriage, he offered a witness who testified that he was present at the marriage, which was solemnized before a justice of the peace. To this evidence of marriage the plaintiff objected. It appeared that at the time of the marriage the plaintiff lived at…
1Opinion of the CourtParker, C. J.
The statutes respecting the maintenance of bastard children authorize a complaint by a married woman. 2 Salk. 483, Rex vs. Albertson ; 8 East 193, 202, Rex vs. Luffe. A child may be shown to be a bastard, notwithstanding the mother is under coverture. The legitimacy is presumed until the contrary is proved. 2 Stark. Ev. 218. The mother is not a witness to prove non-access; but she is a competent witness to prove the criminal connection, non-access being proved by other evidence. 6 Binney 283, Commonwealth vs. Shepherd. 8 East 193, The King vs. Luffe. She is admitted for that purpose on a…
2Cases cited2 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Cocheco Manufacturing Co. v. WhittierSuperior Court of New Hampshire · 1839
3Cited by3 opinions
- Becker v. Secretary Of Health And Human ServicesCourt of Appeals for the First Circuit · 1990
- Becker v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1990
- Miller v. AndersonOhio Supreme Court · 1885