Yatter v. Miller
Supreme Court of Vermont
This was an action of crim,. con. for debauching the plaintiff’s ~wife, returnable to the Washington County Court. Judgment was rendered against the defendant at the March Term, 1887, upon his failure to show cause for a continuance, and the -case was referred for the assessment of damages.
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This was an action of crim,. con. for debauching the plaintiff’s ~wife, returnable to the Washington County Court. Judgment was rendered against the defendant at the March Term, 1887, upon his failure to show cause for a continuance, and the -case was referred for the assessment of damages. Upon the coming in of the referee’s report the defendant filed exceptions thereto, •claiming that evidence had been improperly admitted in the following particulars: The declaration alleged that the criminal act was committed •on July 26th, and on divers other times between then and the 'date of the writ,…
1Opinion of the Court
*150The opinion of the court was delivered by
Yeazey, J.
The admission of the evidence relating to the-conduct of the defendant and the plaintiff’s wife prior to July 26, and after August 10, the dates named in the declaration,, was proper for the purpose for which it was received and considered by the referee. • It enabled him to see the circumstances under which the acts were committed, and how far the plaintiff’s-heart was lacerated thereby. Did the .defendant invade a household where loose morals prevailed, where affection between husband and wife had ceased. or never existed, where the husband…
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