Whitcher v. Davis
Supreme Court of New Hampshire
Petition, for habeas corpus. The petitioner was duly summoned to give her deposition, to be used in an action brought against her by Carrie E. Whitcher for the alienation of the affections of Charles C. Whitcher, husband of Carrie E., and in which it is alleged that the petitioner committed the crime of adultery with Charles C. at divers times from 1894 to May 1, 1899. The petitioner refused to testify, ivas committed by the magistrate for contempt, and is now detained in…
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Petition, for habeas corpus. The petitioner was duly summoned to give her deposition, to be used in an action brought against her by Carrie E. Whitcher for the alienation of the affections of Charles C. Whitcher, husband of Carrie E., and in which it is alleged that the petitioner committed the crime of adultery with Charles C. at divers times from 1894 to May 1, 1899. The petitioner refused to testify, ivas committed by the magistrate for contempt, and is now detained in custody by the defendant, by virtue of such commitment. The question whether she might, under the provisions of section…
1Opinion of the Court
Parsons, J.. “No person shall be excused or excluded as a witness, in any civil suit or proceeding at law or in equity, by rear-son of interest in the event of the same as a party or otherwise.” Laws 1857, c. 1952, s. 1; P. S., c. 224, s. 13. “The deposition of any party competent to testify as a witness by reason of the act of the legislature passed at the June session, A. D. 1857, entitled ‘An act relating to the competency of witnesses,’ or by reason of this act, may be taken and used in the same manner now by law provided for the deposition of witnesses in civil actions; provided,…
2Cases cited1 opinion
- Rancour's PetitionSupreme Court of New Hampshire · 1889
3Cited by2 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- State v. MosesSupreme Court of New Hampshire · 1999