Clement v. Kimball
Massachusetts Supreme Judicial Court
Contract on an account annexed for board of the defendant’s wife from April 15, 1862, to May 11,1867. The answer alleged that on or about the first named date she deserted him, and committed adultery with John Page, and since then with others unknown.
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Contract on an account annexed for board of the defendant’s wife from April 15, 1862, to May 11,1867. The answer alleged that on or about the first named date she deserted him, and committed adultery with John Page, and since then with others unknown. Trial in the superior court, before Ames, C. J., who signed a bill of exceptions substantially as follows : “ The defendant, among other witnesses, called one who testified that, not long before the separation between the defendant and his wife, which occurred in April 1862, he discovered her in the act of adultery with Page, and that, within a…
1Opinion of the CourtWells, J.
The defendant called a witness to prove the fact of an adultery committed by his wife with one Page, and that the witness had informed him of the fact within a period which must have been before he brought his suit for divorce. His libel charged adultery with sundry persons named, and added charges of adultery with persons unknown; but omitted any charge of adultery with Page. The improbability that he would have omitted to allege such a fact, if it had existed and he had known *537of it, bore upon the probability of the truth of the testimony which he produced in this suit. It was open to…
2Cited by10 opinions
- Commonwealth v. DurkinMassachusetts Supreme Judicial Court · 1926
- Sutton v. StateSupreme Court of Georgia · 1906
- Foster v. WorthingMassachusetts Supreme Judicial Court · 1888
- State v. NieburgSupreme Court of Vermont · 1913
- Victor Salgado Salgado v. United StatesCourt of Appeals for the First Circuit · 1960
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