Kalloch v. Elward
Supreme Judicial Court of Maine
Action on the case for alienation of the affections of the plaintiff’s husband. The defendant was arrested as a single woman upon a capias writ and gave bail for her appearance. During trial of the case the plaintiff, for the first time, had knowledge that the defendant was a married woman at the time of her arrest. Verdict was rendered for plaintiff, and defendant filed motion before judgment asldng that the bail be exonerated.
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Action on the case for alienation of the affections of the plaintiff’s husband. The defendant was arrested as a single woman upon a capias writ and gave bail for her appearance. During trial of the case the plaintiff, for the first time, had knowledge that the defendant was a married woman at the time of her arrest. Verdict was rendered for plaintiff, and defendant filed motion before judgment asldng that the bail be exonerated. The presiding Justice granted the motion as a matter of legal right; to which ruling plaintiff filed exceptions. Judgment in accordance with opinion. ' Case stated in…
1Opinion of the CourtCornish, C. J.
This case is before the Law Court on plaintiff’s exceptions to the order of the presiding Justice granting the defendant’s motion and ordering an exoneretur on a bail bond.
The facts are these. On July 19, 1918, an action was brought by the plaintiff under R. S., Chap. 66, Sec. 7, to recover damages of the defendant because of her alienation of the affections of the plaintiff’s husband. A', capias writ was issued returnable at the September Term, 1918, of the Supreme Judicial Court for Knox County, and in accordance with its commands, the defendant was arrested and held to bail in the sum of…
2Cases cited6 opinions
- Beers v. HaughtonSupreme Court of the United States · 1835
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- Klock v. RobinsonNew York Supreme Court · 1839
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- Baker v. CopelandMassachusetts Supreme Judicial Court · 1885
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