Sweikhart v. Hanrahan
Michigan Supreme Court
Error to Ottawa; Cross, J. Case by John L. Sweikhart against William A. Hanrahan for criminal conversation, alienation of affections and other alleged wrongs. Judgment for plaintiff. Defendant brings error.
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Error to Ottawa; Cross, J. Case by John L. Sweikhart against William A. Hanrahan for criminal conversation, alienation of affections and other alleged wrongs. Judgment for plaintiff. Defendant brings error. In the first count of the declaration plaintiff alleges that the defendant, intending to injure him and deprive him of the affection, comfort, fellowship, society, aid, and assistance of his wife, Ethel, on March 2, 1913, and on divers other occasions thereafter, and before the beginning of this suit, at the city of Grand Rapids, the city of Grand Haven, and other places, carried on a…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. “Nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication made by one to the other during the marriage,” is the language of the statute. 3 Comp. Laws, § 10213 (5 How. Stat. [2d Ed.] § 12857).. Objection was not made to the giving of testimony upon this ground, but the objection was that the communication was not in the presence of defendant. The statute evidences a rule of public policy; the privilege being the privilege of the spouse making the communication, the lips of both being sealed, unless both,…
2Cases cited3 opinions
- Perry v. LoyejoyMichigan Supreme Court · 1883
- McKenzie v. LautenschlagerMichigan Supreme Court · 1897
- Merrill v. LeisenringMichigan Supreme Court · 1907
3Cited by7 opinions
- People v. SalisburyMichigan Supreme Court · 1922
- Johnson v. RichardsIdaho Supreme Court · 1930
- Buckley v. FrancisUtah Supreme Court · 1931
- Alex v. StricklandSupreme Court of Oklahoma · 1925
- Van Hartesveldt v. WestrateMichigan Supreme Court · 1933
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