Scherpf v. Szadeczky
New York Court of Common Pleas
The complaint in this action charged that the defendant had enticed away the plaintiff’s wife from her husband’s house in the city of New York, and had detained and harbored her at the defendant’s residence in Brooklyn. The answer put in a general and specific denial of the allegations in the complaint.
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The complaint in this action charged that the defendant had enticed away the plaintiff’s wife from her husband’s house in the city of New York, and had detained and harbored her at the defendant’s residence in Brooklyn. The answer put in a general and specific denial of the allegations in the complaint. At the trial, the plaintiff produced evidence of cohabitation, general reputation and acknowledgment by himself and the woman in question, and it appeared that both had held themselves out as man and wife. It was also shown that the defendant had spoken of her as married to the plaintiff. The…
1Opinion of the Court
By the Court.
Ingraham, First J.
The exceptions taken on the trial of this cause to the rulings as to the admission of evidence have all, excepting one, been abandoned on this argument. The counsel have only submitted two grounds of appeal as to what took place on the trial, and.an objection to the damages awarded as being excessive.
The first point is, that the motion to dismiss the complaint should have been granted. This was upon the ground that direct proof of the marriage was not given; and the act for which the defendant was sued being a criminal act, actual marriage must be proven.
After…
2Cases cited2 opinions
- Forney v. HallacherSupreme Court of Pennsylvania · 1822
- Carro v. TuckerCourt of Appeals of Texas · 1884