Sherwood v. Titman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county. This was an action on the case, commenced July 24th 1861, by Jacob Titman against Thomas J. Sherwood, for criminal conversation with plaintiff’s wife.
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Error to the Court of Common Pleas of Susquehanna county. This was an action on the case, commenced July 24th 1861, by Jacob Titman against Thomas J. Sherwood, for criminal conversation with plaintiff’s wife. It appeared by the testimony for the plaintiff that he and his wife had separated about or before April 1st 1861. He also gave evidence of conduct between his wife and the defendant tending to maintain his cause of action; he then offered to prove that “ in June, 1861, before the commencement of this suit, Ellen Titman, plaintiff’s wife, went from a neighboring house into the woods at a…
1Opinion of the Court
The opinion of the court was delivered, March 25th 1867, by
Thompson, J.
— The first assignment' of error has reference to the admission on the trial below, of certain testimony offered by the plaintiff, of the conduct of the defendant, and his (the plaintiff’s) wife, in June 1861. The objection was that it had already appeared by the plaintiff’s testimony that he and his wife had separated in the month of April preceding ; that they had ceased to live together; but there was nothing to show that either had relinquished his or her marital rights as against the other. There may be some ground to…
2Cases cited1 opinion
- Gardner v. MadeiraSupreme Court of Pennsylvania · 1799
3Cited by14 opinions
- Gordon v. Robinson (Gordon, Third-Party Defendant)Court of Appeals for the Third Circuit · 1954
- Brandon v. HolmanCourt of Appeals for the Fourth Circuit · 1930
- Johnson v. RichardsIdaho Supreme Court · 1930
- Stewart v. HagertySupreme Court of Pennsylvania · 1916
- Donegal Township School District v. CrosbySuperior Court of Pennsylvania · 1952
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