Rose v. Niles
District Court, S.D. New York
This was a libel in personam, filed by George Rose against Hiram Niles and John R. Wheeler, to recover seamen's wages. The libel demanded wages for navigating tha-canal boat Emerald, owned by the respondents, from Troy to New York, and for remaining with and keeping her afterwards, •upon an alleged agreement to pay libellant one dollar per day, with board, for these services. The answer denied the agreement charged, and that the services alleged were rendered.
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This was a libel in personam, filed by George Rose against Hiram Niles and John R. Wheeler, to recover seamen's wages. The libel demanded wages for navigating tha-canal boat Emerald, owned by the respondents, from Troy to New York, and for remaining with and keeping her afterwards, •upon an alleged agreement to pay libellant one dollar per day, with board, for these services. The answer denied the agreement charged, and that the services alleged were rendered. The libellant offered the deposition of one Julia Kemble, taken out of court in the cause, in support of the allegations of the libel.…
1Opinion of the Court
BETTS, District Judge.
In my judgment, the prima facie proof of marriage made by the respondents, renders the deposition of the supposed wife inadmissible even to disprove the marriage.
There can be no pretence that the libel-lant is authorized to call in the testimony of his wife in his own behalf, and the only question to be considered is, whether a woman is a competent witness for a man, to disprove a marriage in fact with him, when there is sufficient evidence aliunde to establish a legal marriage between them. As a general rule, it is well settled that proof, such as was made in this case,…
2Cases cited5 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Jackson ex dem. Van Buskirk v. ClawNew York Supreme Court · 1820
- Commonwealth v. LittlejohnMassachusetts Supreme Judicial Court · 1818
- Allen v. HallSupreme Court of South Carolina · 1819
- Respublica v. HeviceSupreme Court of Pennsylvania · 1796