French v. Ware
Supreme Court of Vermont
The first of these cases was an action for assault and battery. Pleas, not guilty, with special pleas in bar. Trial by jury at the March term, 1891, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.
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The first of these cases was an action for assault and battery. Pleas, not guilty, with special pleas in bar. Trial by jury at the March term, 1891, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The evidence of the plaintiff tended to show that on the 29th day of June, 1889, his wife left his own house with his child, less than two years of age, and went to the house of the defendant, John H. Ware; that she remained there until July 12, following, with the child; that upon that day-he went to the house of the said defendant, took his child, and started to…
1Opinion of the Court
ROSS, Ch. J.
These cases present for consideration how far a former wife, after having obtained a divorce, can be allowed to testify against her former husband, in regard to matters occurring during their married life. They were heard together, and may be considered together upon this point. This State has no statute upon this subject. The right rests upon the common law. The decisions in other States made upon the statutes of such States furnish little aid. This right, after the disqualification of interest was removed, is governed by public policy, as held by the common law. That policy…
2Cases cited12 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Smith v. PotterSupreme Court of Vermont · 1855
- Roach v. StateTexas Supreme Court · 1874
- Williams v. BaldwinSupreme Court of Vermont · 1835
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WrightSupreme Court of Vermont · 1989
- Ewing v. Van AlstineUtah Supreme Court · 1903
- People v. McCormackAppellate Division of the Supreme Court of the State of New York · 1951
- In re Peck's EstateSupreme Court of Vermont · 1913
- Brown v. PattersonSupreme Court of Missouri · 1909
3 more not listed; retrieve them via the Exa API.