Evans v. O'Connor
Massachusetts Supreme Judicial Court
Two actions OF tort. In the action against Maurice H. O’Connor the plaintiff sought to recover damages for adultery alleged to have been committed with his wife, and for the alienation of her affections; in the action against O’Connor and Merrill he sought to recover damages for an alleged unlawful conspiracy of the defendants to debauch the plaintiff’s wife and to induce her to commit adultery with the defendant O’Connor.
Read the full summary
Two actions OF tort. In the action against Maurice H. O’Connor the plaintiff sought to recover damages for adultery alleged to have been committed with his wife, and for the alienation of her affections; in the action against O’Connor and Merrill he sought to recover damages for an alleged unlawful conspiracy of the defendants to debauch the plaintiff’s wife and to induce her to commit adultery with the defendant O’Connor. Writs dated June 11, 1896. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. There was evidence for the plaintiff…
1Opinion of the CourtLathrop, J.
In these cases the plaintiff relied upon acts of adultery committed by the wife of the plaintiff with the defendant in the first case, in the years 1893, 1894, and 1895. The evidence as to the act in 1893 was as to one occasion only, and was very slight, though the evidence was abundant as to the acts of 1894 and 1895.
The first exception relates to the ruling of the presiding judge in regard to the right of the wife of the plaintiff to testify. She was called by the defendants, and desired to testify as to her relations with O’Connor in the year 1893, but not as to those in the years 1894 and…
2Cases cited5 opinions
- Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
- May v. WoodMassachusetts Supreme Judicial Court · 1898
- Fairman v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
- Lombard v. MayberryNebraska Supreme Court · 1888
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1894
3Cited by23 opinions
- United States v. St. PierreCourt of Appeals for the Second Circuit · 1942
- Commonwealth v. FunchesMassachusetts Supreme Judicial Court · 1979
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- I. Charles Baker v. Thomas S. Eisenstadt, Sheriff of Suffolk CountyCourt of Appeals for the First Circuit · 1972
- State v. LangleySupreme Judicial Court of Maine · 1968
18 more not listed; retrieve them via the Exa API.