Pond v. Pond
Massachusetts Supreme Judicial Court
Libel for divorce, alleging that the libellee committed adultery at Providence, Rhode Island, on September 1, 1880, with one Jones, and at White River Junction, Vermont, on November 1, 1880, with one Goddard. Trial in this court before Field, J., who allowed a bill of exceptions, in substance as follows: On the question whether the libellee committed adultery with Jones, Mrs. Phippen, the libellee’s mother, was a material witness in her favor.
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Libel for divorce, alleging that the libellee committed adultery at Providence, Rhode Island, on September 1, 1880, with one Jones, and at White River Junction, Vermont, on November 1, 1880, with one Goddard. Trial in this court before Field, J., who allowed a bill of exceptions, in substance as follows: On the question whether the libellee committed adultery with Jones, Mrs. Phippen, the libellee’s mother, was a material witness in her favor. On cross-examination of the mother, she was asked whether her former husband, Marshall S. Stone, had not obtained a divorce from her for adultery, and…
1Opinion of the CourtDevens, J.
The exceptions to the rulings in this case upon the admission of evidence cannot be sustained.
1. Mrs. Phippen, the mother of the libellee, was called by her, and was a material witness. It is conceded that the record in the divorce suit in which Mrs. Phippen had been a party, which was offered by the libellant, was not admissible. Commonwealth v. Stevenson, 127 Mass. 446. But it is argued that, in order to discredit her and show a bias, it was competent to inquire of her whether in that suit the libellee had not been a witness on her behalf. It is ordinarily within the discretion of the…
2Cases cited4 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Lawson v. StateSupreme Court of Alabama · 1852
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. LydenMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- Commonwealth v. DominicoMassachusetts Appeals Court · 1974
- Commonwealth v. RedmondMassachusetts Supreme Judicial Court · 1970
- People v. KollerCalifornia Supreme Court · 1904
- Taylor v. SchofieldMassachusetts Supreme Judicial Court · 1906
- Sanborn v. GaleMassachusetts Supreme Judicial Court · 1894
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