Forney v. Hallacher
Supreme Court of Pennsylvania
In Error. THIS action was brought by the plaintiff in error, in the Court of Common Pleas of Lancaster county, against the defendant in error, for criminal conversation with the plaintiff’s wife.
Read the full summary
In Error. THIS action was brought by the plaintiff in error, in the Court of Common Pleas of Lancaster county, against the defendant in error, for criminal conversation with the plaintiff’s wife. Several bills of exceptions were taken to the °pinion of the Court, in refusing to admit testimony offered by the plaintiff in proof of the marriage, the only material one which,was founded on the rejection of evidence of declarations 7 ° by the defendant, that he knew Susannah Forney was ried to the plaintiff, and that with full knowledge of that fact, he seduced her affections, and debauched her ;…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The question is supposed to depend on the authority of Morris v. Miller; in which it was held, that proof of actual marriage was requisite in contradistinction to proof of co-habitation, reputation, and other circumstances from which a marriage might be inferred. That case, for every thing decided, in it, is good authority ; for nothing is more certain, than that to support an action for criminal conversation, there must have been an actual marriage. But it is *161quite another thing to say, that such a marriage shall be proved only by the oath of…
2Cases cited1 opinion
- Chambers v. DicksonSupreme Court of Pennsylvania · 1816
3Cited by8 opinions
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Cook v. StateSupreme Court of Georgia · 1852
- State v. RoswellSupreme Court of Connecticut · 1827
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Commonwealth v. JacksonCourt of Appeals of Kentucky · 1876
3 more not listed; retrieve them via the Exa API.