Clendennen v. Bainbridge
South Dakota Supreme Court
Appeal from Circuit Court, Lincoln County. Hon. L'ouis L. Finger, Judge. Action 'by J. B. Clendennen, against A. H. Bainbridge, to recover damages for alleged alienation of affections of plaintiff’s wife. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Lincoln County. Hon. L'ouis L. Finger, Judge. Action 'by J. B. Clendennen, against A. H. Bainbridge, to recover damages for alleged alienation of affections of plaintiff’s wife. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: 5 Wig-more on Ev., Sec. 1730; Hardwick v. Hardwick (la.), 106 N. W. 639; McGowan v. Armour, 248 Fed. 676; Magers v. Magers (la.), 123 N. W. 330; White v. Ross (Mich.) 10 N. W. 188; Cochran v. Cochran, 196 N. Y. 86, 89 N. E. 470. (3) To point three,…
1Opinion of the CourtPolley, J.
Plaintiff recovered judgment against defendant *412for alienation of the affections of plaintiff’s wife, and defendant appeals.
Appellant claims he is entitled to a new trial because of the admission of incompetent evidence at the trial. The evidence complained of was admitted over the objection that it was incompetent, hearsay, self-serving, and not binding on the appellant. The court ruled that the respondent might testify to any remonstrance or objection he made to his wife going with defendant, and what she said in reply. Under this ruling respondent testified that: “I told her Bairibri'dge…
2Cases cited9 opinions
- Glass v. BennettTennessee Supreme Court · 1891
- Rudd v. RoundsSupreme Court of Vermont · 1892
- Shelton v. HadlockSupreme Court of Connecticut · 1892
- Horner v. YanceWisconsin Supreme Court · 1896
- Ash v. PunierCourt of Appeals for the Second Circuit · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. Chicago & N. W. R. Co.South Dakota Supreme Court · 1949
- Boyd v. StricklandSouth Dakota Supreme Court · 1931