Brownell v. McEwen
New York Supreme Court
Motion to set aside an. inquisition! The action was case for seducing the plaintiff’s daughter: The defendant suffered a default, and the damages were assessed by virtue of a writ of inquiry, executed, before the- sheriff of Fulton county, on the 13th day of December, 1844, at the sum of $1000.
1Opinion of the Court
By the Court, Whittlesey, J.
To succeed in this application the defendant must show affirmatively that there was improper evidence submitted to the jury on the part of the plaintiff, which was objected to by the defendant. Upon comparing all the affidavits I have come to the conclusion that the only interrogatory put by the plaintiff’s counsel in regard to this point was whether the defendant had said any thing to the witness, who was the female who had been seduced, on the subject of marriage, before October when the intercourse commenced. This was objected to, but before the objection was…
2Cases cited2 opinions
- Clark v. FitchNew York Supreme Court · 1829
- People v. Columbia Common PleasNew York Supreme Court · 1828
3Cited by12 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Cheney v. . ArnoldNew York Court of Appeals · 1857
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
- Wells v. PadgettNew York Supreme Court · 1850
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