Laughlin v. Eaton
Supreme Judicial Court of Maine
On Exceptions from FTisi Prius, Dickerson, J., presiding. Case for malicious prosecution. Positive proof of marriage essential. 2 Greenl. on Ev., §§ 461-2-3. Dilatory pleas to be construed most strongly against defendant. 1 Chit, on PI., 544, Stoi'y’s PL, title Pleas in abatement. Husband need not join, when he has no personal interest, or is out of the jurisdiction. 1 Chit. on PL, 541-2; JSTye v. Spencer, 41 Maine, 272; K. S., c. 61; Pub.
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On Exceptions from FTisi Prius, Dickerson, J., presiding. Case for malicious prosecution. Positive proof of marriage essential. 2 Greenl. on Ev., §§ 461-2-3. Dilatory pleas to be construed most strongly against defendant. 1 Chit, on PI., 544, Stoi'y’s PL, title Pleas in abatement. Husband need not join, when he has no personal interest, or is out of the jurisdiction. 1 Chit. on PL, 541-2; JSTye v. Spencer, 41 Maine, 272; K. S., c. 61; Pub. Laws of 1862, c. 148; Oliver’s Prec., 70; Gregory v. Paul, 15 Mass., 30; Walford v. Duchess of Pienne, 2 Esp. R., 554; Oarroll v. Blencow, 4 Esp. R., 27 ;…
1Opinion of the CourtBarrows, J.
To this action for malicious prosecution upon a charge of adultery, the defendants seasonably pleaded in abatement the coverture of the plaintiff. Plaintiff replied denying the coverture and tendering an issue to the country, which was joined by defendants, and the case was submitted to the presiding Judge to be decided without the aid of a jury upon an agreed statement of facts, the more important of which are as follows : — The plaintiff’s maiden name was Lovina Wight. She was a native of Vienna, in this county where her parents still reside. After an absence at service for two or three…
2Cases cited1 opinion
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