Legal Opinion

State v. Abbey

Supreme Court of Vermont

Decided November 15, 1856PublishedCited by 59 opinions

Indictment for Bigamy. The indictment charged that the respondent, on the 19th of November, 1830, at Sydney, in the state of New York, married one Lodema Spickerman, and that afterwards, on the 20 th of June, 1856, at Saratoga Springs, in the state of New York, he married one Eliza Guernsey, and that afterwards, on the 21st of June, 1856, at Moretown, in this state, he continued to cohabit with the said Eliza, his' second wife, his first wife, Lodema, being then alive, &e.

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Indictment for Bigamy. The indictment charged that the respondent, on the 19th of November, 1830, at Sydney, in the state of New York, married one Lodema Spickerman, and that afterwards, on the 20 th of June, 1856, at Saratoga Springs, in the state of New York, he married one Eliza Guernsey, and that afterwards, on the 21st of June, 1856, at Moretown, in this state, he continued to cohabit with the said Eliza, his' second wife, his first wife, Lodema, being then alive, &e. Plea, not guilty; trial by jury, September Term, 1856,— Poland, J., presiding. The government, to prove the marriage to…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The respondent, under several counts in this indictment, has been convicted of the crime of bigamy. His marriage at Sydney, in the state of New York, with Lodema Spickerman, his former wife, by James Hewson, acting as justice of the peace, was proved by witnesses who were present and witnessed the marriage ceremony. The proof was sufficient, prima facie at least, that Hewson was regularly appointed to that office. For several years previous, as well as at that time, he had been, and was in the discha ge of the duties of such justice, and was…

2Cases cited7 opinions

  1. Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
  2. McCoy v. CurticeNew York Supreme Court · 1832
  3. State v. BarkerSupreme Court of Vermont · 1846
  4. State v. PalmerSupreme Court of Vermont · 1846
  5. State v. ButlerSupreme Court of Vermont · 1845

2 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. State v. MartinezIdaho Supreme Court · 1926
  2. People v. OsakiCalifornia Supreme Court · 1930
  3. Ex Parte HornefCalifornia Supreme Court · 1908
  4. Johnson v. PeopleSupreme Court of Colorado · 1905
  5. State v. RosascoOregon Supreme Court · 1922

54 more not listed; retrieve them via the Exa API.

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