Phelps v. Utley
Supreme Court of Vermont
Tort for criminal conversation, and alienation of the affections of plaintiff’s wife. Plea, the general issue. Trial by jury at the September Term, 1916, Washington County, Butler, J., presiding. Yerdiet and judgment for the plaintiff. Defendant excepted. While the case was pending on exceptions defendant brought a petition for a new trial on the ground of surprise, which was heard in Supreme Court on the petition and supporting affidavits. The opinion states the case.
1Opinion of the CourtPowers, J.
This is an action on the case for alienation and erim. con. Much of the evidence upon which the plaintiff relied to establish his case came from his wife, who was admitted as a witness subject to the defendant’s exception. This was not error, for since the passage of P. S. 1592, the competency of the wife as a witness for her husband has been the rule, and her ineompetency, the exception. State v. Muzzy, 87 Vt. 267, 88 Atl. 895. So, notwithstanding the earnest argument here made that this ought not to be so in a case like this, it is so, since the wife did not here testify against the husband…
2Cases cited12 opinions
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Green v. StateSupreme Court of Alabama · 1892
- State v. FlintSupreme Court of Vermont · 1888
- City of Rock Island v. StarkeyIllinois Supreme Court · 1901
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3Cited by10 opinions
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- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Paska v. SaundersSupreme Court of Vermont · 1931
- In re R. S.Supreme Court of Vermont · 1983
- Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1927
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