Pettingill v. McGregor
Superior Court of New Hampshire
Assumpsit. The action was commenced on June 22, 1840. The plaintiff, in his first count, declared upon a promise of the defendant Emily, alleged to have been made May 1, 1840, to marry the plaintiff on the 20th day of June, then next, and a refusal of Emily to perform that promise, and alleged an intermarriage of the defendants on June 22, 1840. In the second count, the plaintiff also declared upon a promise of Emily to marry him, and alleged that he had remained unmarried,…
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Assumpsit. The action was commenced on June 22, 1840. The plaintiff, in his first count, declared upon a promise of the defendant Emily, alleged to have been made May 1, 1840, to marry the plaintiff on the 20th day of June, then next, and a refusal of Emily to perform that promise, and alleged an intermarriage of the defendants on June 22, 1840. In the second count, the plaintiff also declared upon a promise of Emily to marry him, and alleged that he had remained unmarried, &c., and that Emily had refused to perform her promise, but had intermarried with the other defendant, McGregor. Upon…
1Opinion of the CourtWoods, J.
The first question presented by this case is, whether the evidence offered by the plaintiff, for the purpose of proving the marriage of the defendants, was competent for that purpose, or had any legal tendency to prove that fact ?
In all civil actions, except for criminal conversation, cohabitation, or reputation, is sufficient evidence of marriage. 2 Starkie’s Ev. 939; 2 Phill. Ev. 207, (2d Ed.;) Birt vs. Barlow, Doug. 170; Greenl. Ev. 119. Did the facts offered in evidence by the plaintiff tend to prove the fact of the cohabitation of the defendants as man and wife, or did the facts, offered…
2Cases cited4 opinions
- Woodes v. DennettSuperior Court of New Hampshire · 1837
- Farnum v. BellSuperior Court of New Hampshire · 1824
- Miner v. SmithSuperior Court of New Hampshire · 1833
- Whitcher v. WhitcherSuperior Court of New Hampshire · 1839
3Cited by6 opinions
- Brackett v. BartlettSuperior Court of New Hampshire · 1848
- Briggs v. WiswellSupreme Court of New Hampshire · 1876
- Dunbarton v. FranklinSuperior Court of New Hampshire · 1848
- White v. HildrethSuperior Court of New Hampshire · 1842
- Moor v. WilsonSuperior Court of New Hampshire · 1853
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