Klein v. Laudman
Supreme Court of Missouri
Error to Cooper Court of Common Pleas. This was an action by Leonard Klein and Margaret Klein his wife, against Jacob Laudman and Christina Laudman his wife, for slanderous words spoken of and concerning the plaintiff Margaret Klein. The defendants in their answer denied the speaking of the alleged words, and also stated that they had “ no knowledge or information sufficient to enable them to form a belief whether the plaintiffs are husband and wife as alleged.”
Read the full summary
Error to Cooper Court of Common Pleas. This was an action by Leonard Klein and Margaret Klein his wife, against Jacob Laudman and Christina Laudman his wife, for slanderous words spoken of and concerning the plaintiff Margaret Klein. The defendants in their answer denied the speaking of the alleged words, and also stated that they had “ no knowledge or information sufficient to enable them to form a belief whether the plaintiffs are husband and wife as alleged.” At the trial the plaintiffs introduced in evidence a certificate of marriage showing that they had intermarried August 19, 1843. The…
1Opinion of the CourtNapton, Judge
We think the first instruction which the court gave, in this case, at the instance of the defendants, was erroneous. There was no presumption that a marriage, which was proved to have existed at one time in Germany, continued to exist here after positive proof of a second marriage de facto here. The presumption of law is, that the conduct of parties is in conformity to law, until the contrary is shown. That a fact, continuous in its nature, will be presumed to continue after its existence is once shown, is a presumption which ought not to be allowed to overthrow another presumption, of equal…
2Cited by31 opinions
- Hunter v. HunterCalifornia Supreme Court · 1896
- Wenning v. TeepleIndiana Supreme Court · 1895
- Boulden v. McIntireIndiana Supreme Court · 1889
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Leach v. HallSupreme Court of Iowa · 1895
26 more not listed; retrieve them via the Exa API.