Tillison v. Tillison
Supreme Court of Vermont
Petition for divorce on the ground of adultery. Tbe petitionee filed a counter petition, alleging adultery, intolerable severity, and refusal to support, and tbe two cases were heard together at tbe April term, 1890, Taft, J., presiding. Both libels were dismissed. The petitioner excej)ts. Tbe letters referred to in tbe opinion were two.
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Petition for divorce on the ground of adultery. Tbe petitionee filed a counter petition, alleging adultery, intolerable severity, and refusal to support, and tbe two cases were heard together at tbe April term, 1890, Taft, J., presiding. Both libels were dismissed. The petitioner excej)ts. Tbe letters referred to in tbe opinion were two. One was written and addressed to a Mr. White, and tbe other, addressed to tbe libellee, was enclosed, with tbe request that White band it to her. Instead, be banded them both to her husband, tbe libellant. When affirmative matter is relied upon in defence tbe…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
Hnder the libellant’s offer, the letters were properly excluded. It did not appear that the libellee had ever received them or had any knowledge of their contents. The most that can be claimed is that the letters are in the nature of a confession or criminating admission made by Clarkston, the alleged partieeps erimmis, but such a confession or admission neither made in the presence of the libellee nor communicated to her, is inadmissible. 2. Bish. Mar. and Div. (4th. Ed.) Sec. 642. The letters were not part of any act done by Clarkston by…
2Cases cited8 opinions
- Thurston v. ThurstonMassachusetts Supreme Judicial Court · 1868
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
- Shackett v. ShackettSupreme Court of Vermont · 1876
- Blain v. BlainSupreme Court of Vermont · 1873
- Burton v. BurtonSupreme Court of Vermont · 1886
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3Cited by13 opinions
- Douglas v. DouglasTennessee Supreme Court · 1928
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- Carmichael v. CarmichaelOregon Supreme Court · 1923
- Ford v. FordSupreme Court of Oklahoma · 1910
- Day v. DaySupreme Court of Kansas · 1905
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