Legal Opinion

Bigelow v. Sickles

Wisconsin Supreme Court

Decided January 7, 1890PublishedCited by 9 opinions

APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that July 5,1888, the defendant Byron Z. Sickles made a complaint before IT.

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APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that July 5,1888, the defendant Byron Z. Sickles made a complaint before IT. T. Ames, a justice of the peace, residing in Deerfield, Dane county, Wisconsin, charging the plaintiff with having committed adultery in the town of Deerfield, with one Tony Hoover, on or about September 1,18S6; that said justice thereupon issued a warrant, and caused the arrest of the plaintiff, who was brought before him, and on examination she was discharged from…

1Opinion of the CourtCassoday, J.

The plaintiff was formerly the wife of the proposed witness, John Z. Sickles. They were divorced prior to the trial in question. Notwithstanding such former relation, there seems to be no doubt but what John Z. is a competent witness against the plaintiff, as to such facts as came to his knowledge during such marriage by means equally accessible to other persons, and not disclosed to him in conversations with her. 1 Greenl. Ev. § 254; 1 Whart. Ev. § 429; Crook v. Henry, 25 Wis. 569; Coffin v. Jones, 13 Pick. 441. The mere fact that the complaint and warrant *430upon which the plaintiff was…

2Cases cited3 opinions

  1. Wilson v. PlankWisconsin Supreme Court · 1876
  2. Smith v. ChampagneWisconsin Supreme Court · 1888
  3. Crook v. HenryWisconsin Supreme Court · 1870

3Cited by9 opinions

  1. Mercer v. StateSupreme Court of Florida · 1898
  2. State v. EvansOregon Supreme Court · 1920
  3. Schultz v. CulbertsonWisconsin Supreme Court · 1905
  4. Thomas v. Estate of ThomasNebraska Supreme Court · 1902
  5. Lee v. HammondWisconsin Supreme Court · 1902

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