Legal Opinion

Sheahan v. Barry

Michigan Supreme Court

Decided May 6, 1873PublishedCited by 37 opinions

Error to Wayne circuit.

1Opinion of the CourtCampbell, J.

The suit below was brought for breach of promise and seduction, and a verdict was rendered for damages. •

It is now claimed that it was incompetent to allow evidence of seduction in aggravation of damages.

It was hardly questioned that the practice of allowing such testimony has been general, and the cases opposed to it are not numerous. It is claimed, however, that these cases stand on better reason, and that the proof should be excluded, first, because the parties are in pari delicto j and, secondly, because a separate action will lie for seduction. The.authorities mainly relied on in aid of…

2Cases cited7 opinions

  1. People v. RathbunNew York Supreme Court · 1839
  2. Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
  3. William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
  4. Leavitt v. LeavittMichigan Supreme Court · 1865
  5. Gale v. LincolnSupreme Court of Vermont · 1839

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3Cited by37 opinions

  1. People v. LemmonMichigan Supreme Court · 1998
  2. People v. VailMichigan Supreme Court · 1975
  3. Gunder v. TibbitsIndiana Supreme Court · 1899
  4. Haymond v. SaucerIndiana Supreme Court · 1882
  5. Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903

32 more not listed; retrieve them via the Exa API.

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