Vollmer v. Stregge
North Dakota Supreme Court
Appeal from District Court, McHenry County, A. G. Burr, J. From a judgment in plaintiff’s favor and from an order, denying a new trial, defendant appeals. In an action for damages for criminal conversation, the marriage between plaintiff and bis wife must be proved by direct evidence, and not by mere circumstances, sucb as cohabitation or reputation. Dann v. Kingdom, 1 Thomp. & C. 492; Catberwood v. Caslon, 13 Mees. & W. 261, Car. & M. 431, 13 L. J. Exch.
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Appeal from District Court, McHenry County, A. G. Burr, J. From a judgment in plaintiff’s favor and from an order, denying a new trial, defendant appeals. In an action for damages for criminal conversation, the marriage between plaintiff and bis wife must be proved by direct evidence, and not by mere circumstances, sucb as cohabitation or reputation. Dann v. Kingdom, 1 Thomp. & C. 492; Catberwood v. Caslon, 13 Mees. & W. 261, Car. & M. 431, 13 L. J. Exch. N. S. 334, 8 Jur. 1076; Case v. Case, 17 Cal. 598; People v. Anderson, 26 Cal. 129; Keppler v. Elser, 23 111. App. 643; Campbell v. Carr, 6…
1Opinion of the CourtFisk, J.
This is an action to recover damages for criminal conversation. The complaint is in the usual form, alleging that one Marie Yollmor is, and at all times mentioned in the complaint was, the wife of the plaintiff, and that in the month of April, 1911, and at divers and sundry times since the 26th day of April, 1911, while plaintiff was living and cohabiting with and supporting his said wife, the defendant, wrongfully contriving and intending to injure the plaintiff, and to deprive him of the comfort, society, aid, assistance, and affection of his wife, did stealthily visit plaintiff’s home in…
2Cases cited14 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Commonwealth v. WatermanMassachusetts Supreme Judicial Court · 1877
- State v. WilliamsSupreme Court of Iowa · 1865
- Bailey v. StateNebraska Supreme Court · 1893
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1886
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3Cited by4 opinions
- Bagg v. Otter Tail Power Co.North Dakota Supreme Court · 1941
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Griffin v. Implement Dealers Mutual Fire InsuranceNorth Dakota Supreme Court · 1933
- Donahue v. NoltimierNorth Dakota Supreme Court · 1932