Scheffler v. Robinson
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. Z>. Burnes, Judge. The wife of plaintiff was not a competent witness in this action to testify in his behalf to her alleged criminal intimacy with defendant during her marital relations with plaintiff. The prevailing rule at common law denied the right of the wife to testify either for or against her husband. 1 G-reenleaf on Evid.
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Appeal from Clinton Circuit Court. — Hon. A. Z>. Burnes, Judge. The wife of plaintiff was not a competent witness in this action to testify in his behalf to her alleged criminal intimacy with defendant during her marital relations with plaintiff. The prevailing rule at common law denied the right of the wife to testify either for or against her husband. 1 G-reenleaf on Evid. (15 Ed.), sec. 334, p. 477 et seq.; Paul v. Leavitt, 53 Mo. 595, 597; State v. Willis, 119 Mo. 485, 487; State v.' Kodat, 158 Mo. 125, 128-9; Bank v. Wright, 104 Mo. App. 242, 252; State v. Bean, 104 Mo. App. 255, 256;…
1Opinion of the CourtJohnson, J.
Action for criminal conversation between defendant and tbe wife of plaintiff. Verdict and judgment were for plaintiff for three thousand dollars actual damages and the cause is before us on the appeal of defendant.
The suit was commenced March 7, 1910, and the original petition alleged “that on the-day of September, 1908, at Ray county, Missouri, and on divers other days and places since that day the defendant wickedly and wantonly did debauch and carnally know Alice M. Scheffler, then the wife of plaintiff,” etc. During the trial, plaintiff was allowed to amend the petition, over the…
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- Coy v. HumphreysMissouri Court of Appeals · 1910
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3Cited by8 opinions
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- Smith v. WhalenMissouri Court of Appeals · 1981
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