Taft v. Taft
Supreme Court of Vermont
Petition for Divorce, on tbe grounds of adultery and intolerable severity. Tried at tbe September Term, 1906, Franklin County, Watson, J., presiding. Divorce granted on tbe ground of adultery. Tbe petitionee excepted to tbe judgment for that it was not warranted by tbe facts found by tbe court. The opinion sufficiently states tbe case.
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Petition for Divorce, on tbe grounds of adultery and intolerable severity. Tried at tbe September Term, 1906, Franklin County, Watson, J., presiding. Divorce granted on tbe ground of adultery. Tbe petitionee excepted to tbe judgment for that it was not warranted by tbe facts found by tbe court. The opinion sufficiently states tbe case. The rule in Vermont is that adultery must be proved by a preponderance of testimony, weighing the presumption of innocence in favor of the party accused. Bindley v. Bindley, 68 Vt. 421. “In an action for divorce on the ground of adultery, the presumption of…
1Opinion of the CourtTyler, J.
Petition for divorce for alleged adultery; petition sustained and bill granted; exceptions by petitionee for that the decree was based wholly upon circumstantial evidence, and that all the evidence produced by the petitioner did not warrant the decree.
1. That adultery may be proved by circumstantial evidence, both in civil and criminal cases, is well settled. The only gen*258eral rule that can be laid down upon the subject is, that the circumstances must be such as will lead the guarded discretion of a reasonable and just man to the conclusion that the alleged act was committed. 2 Greenl. Ev.…
2Cases cited7 opinions
- State v. DanaSupreme Court of Vermont · 1887
- State v. PotterSupreme Court of Vermont · 1869
- Lewis v. RobySupreme Court of Vermont · 1907
- Kelton v. LeonardSupreme Court of Vermont · 1881
- State v. BrinkSupreme Court of Vermont · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. . ThompsonNew York Court of Appeals · 1914
- Neff v. NeffSupreme Court of Connecticut · 1921
- State v. FairbanksSupreme Court of Vermont · 1928
- State v. BisselSupreme Court of Vermont · 1934
- State v. BissellSupreme Court of Vermont · 1934
10 more not listed; retrieve them via the Exa API.