O'Bryan v. O'Bryan
Supreme Court of Missouri
ERROR TO COOPER CIRCUIT COURT. This was a bill filed by a husband against his wife, on the 6th of December, 1847, in the Cooper Circuit Court, for a divorce upon the ground of adultery. The adulteries are charged to have been committed in Cooper county on various occasions, in the years 1844 and 1847, with Thomas Saunders, John Saunders and Eli Cuthrell.
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ERROR TO COOPER CIRCUIT COURT. This was a bill filed by a husband against his wife, on the 6th of December, 1847, in the Cooper Circuit Court, for a divorce upon the ground of adultery. The adulteries are charged to have been committed in Cooper county on various occasions, in the years 1844 and 1847, with Thomas Saunders, John Saunders and Eli Cuthrell. The defendant in her answer denied the charges, and at her instance issues of fact were ordered by the court, made up and tried by a jury at the last March term. Upon the trial, it appeared that the parties had been married several years, had…
1Opinion of the CourtRylawd, J.
From the above statement, two points present themselves, for the adjudication of this courj. The first is the admission of the evidence of the defendant’s good character ; and the second, the refusal of the court to grant a new trial. If either of these points be ruled for the complainant, this case will have to be remanded.
It is a general rule that evidence of a general character is not admissible in civil suits ; but to this general rule there are many exceptions. Greenleaf in his treatise on Evidence, vol. 1, § 54, says : “In civil cases such evidence is not admitted unless the nature of…
2Cases cited1 opinion
- Ward v. HerndonSupreme Court of Alabama · 1837
3Cited by4 opinions
- Black v. EpsteinSupreme Court of Missouri · 1909
- Miller v. MillerMissouri Court of Appeals · 1883
- Milster v. MilsterMissouri Court of Appeals · 1919
- Blasi v. BlasiNew York Supreme Court · 1922