Legal Opinion

Clemons v. Seba

Missouri Court of Appeals

Decided June 8, 1908PublishedCited by 5 opinions

Appeal from Gasconade Circuit Court. — Now. B. Steele Byors, Judge. (1) The evidence offered by defendant, to show that prior to the engagement and prior to the seduction as alleged by plaintiff in her petition, the plaintiff had been guilty of acts of lewdness and unchastity with other men than defendant, should have been admitted for the purpose of mitigating the damages. Cole v. Holliday, 4 Mo.

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Appeal from Gasconade Circuit Court. — Now. B. Steele Byors, Judge. (1) The evidence offered by defendant, to show that prior to the engagement and prior to the seduction as alleged by plaintiff in her petition, the plaintiff had been guilty of acts of lewdness and unchastity with other men than defendant, should have been admitted for the purpose of mitigating the damages. Cole v. Holliday, 4 Mo. App. 94; State v. Patterson, 88 Mo. 89. (2) The court should have given the following instructions offered by the defendant to wit: Although the jury may find and believe from the evidence that…

1Opinion of the CourtEllison, J.

Plaintiff alleged a contract of marriage with defendant and charged him with a breach of his promise. She likewise charged him with seduction. The trial in the circuit court resulted in her favor.

There was evidence tending to prove the contract and its breach by defendant’s refusal. There was also evidence showing plaintiff to have been delivered of a child. There was evidence tending to show that defendant was the father of the child and evidence tending to show that he was not. The court admitted evidence in behalf of defendant tending to show that plaintiff was a woman of bad reputation…

2Cases cited5 opinions

  1. People v. ClarkMichigan Supreme Court · 1876
  2. Broyhill v. NortonSupreme Court of Missouri · 1903
  3. State v. SharpSupreme Court of Missouri · 1896
  4. Cole v. HollidayMissouri Court of Appeals · 1877
  5. State v. WheelerSupreme Court of Missouri · 1887

3Cited by5 opinions

  1. Breece v. JettMissouri Court of Appeals · 1977
  2. Boedges Ex Rel. Boedges v. DingesMissouri Court of Appeals · 1968
  3. Dreibelbiss v. BannerMissouri Court of Appeals · 1917
  4. Parker v. BrunerSupreme Court of Missouri · 1985
  5. Parker v. BrunerSupreme Court of Missouri · 1985

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