Melvin v. Melvin
Supreme Court of New Hampshire
Libel for divorce, alleging extreme cruelty, and treatment endangering reason and seriously injuring health. Particular instances of cruelty and treatment were set forth, and, among other things, excessive sexual intercourse, testified to by the libellant. The referee, to whom the cause was committed, reported that the parties ceased to have sexual intercourse three years prior to the filing of the libel, although residing together.
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Libel for divorce, alleging extreme cruelty, and treatment endangering reason and seriously injuring health. Particular instances of cruelty and treatment were set forth, and, among other things, excessive sexual intercourse, testified to by the libellant. The referee, to whom the cause was committed, reported that the parties ceased to have sexual intercourse three years prior to the filing of the libel, although residing together. The libellee contended that no cause existed by reason of such intercourse at the time of filing the libel. The referee reported, that while in his opinion the…
1Opinion of the CourtSmith, J.
It has been held that the testimony of the husband or wife to prove non-access, though living together, and therefore that the offspring is spurious, is incompetent upon the ground of decency, morality, and policy. 1 Greenl. Ev., s. 258. The authorities which support this rule are cases in which the legitimacy of children was drawn in question. The disastrous consequences that would follow the unsettling of titles to property, and the branding of legitimate children as illegitimate, have been regarded as sufficient reasons for the rule. But the mere indecency of disclosures does not in…
2Cases cited3 opinions
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Commonwealth v. ShepherdSupreme Court of Pennsylvania · 1814
- Abernathy v. AbernathySupreme Court of Florida · 1858
3Cited by1 opinion
- Warner v. WarnerSupreme Court of New Hampshire · 1897