Fox v. Stevens
Supreme Court of Minnesota
Tliis action was brought by the plaintiff for the seduction of his daughter, Catharine Fox. It was tried at the District Court in -Blue Earth Co., in May, 1867, when a verdict for §1,513 was rendered for the plaintiff. A motion for a new trial made upon a case was denied, and judgment entered upon the verdict. The defendant appeals to this Court.
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Tliis action was brought by the plaintiff for the seduction of his daughter, Catharine Fox. It was tried at the District Court in -Blue Earth Co., in May, 1867, when a verdict for §1,513 was rendered for the plaintiff. A motion for a new trial made upon a case was denied, and judgment entered upon the verdict. The defendant appeals to this Court. Upon the trial there were only two witnesses sworn and examined, the plaintiff and his daughter, who testified on behalf of the plaintiff. The defendant produced no witnesses. It appears from the evidence of the daughter that plaintiff and defendant'…
1Opinion of the CourtMcMillan, J.
By the Court The first point urged by the appellant as a ground for a new trial is, that the verdict is not justified by the -evidence, which shows affirmatively that there was no seduction. The specific objection to the verdict is, that the evidence shows a want of consent upon the part of plaintiff’s daughter to the illicit intercourse of the defendant, and establishes, if anything, a rape. We think the objection is not wTell taken. While the cross-examination of the plaintiff’s daughter shows that she wa's not altogether passive when the defendant first laid his hands on her, there is no…
2Cases cited2 opinions
- Dain v. . WycoffNew York Court of Appeals · 1852
- Rhodes v. BuntsNew York Supreme Court · 1839
3Cited by8 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Gardner v. KelloggSupreme Court of Minnesota · 1877
- Lavery v. CrookeWisconsin Supreme Court · 1881
- McCarthy v. NiskernSupreme Court of Minnesota · 1875
- Kroning v. St. Paul City Railway Co.Supreme Court of Minnesota · 1905
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