Bonett ex rel. Bonett v. Stowell
Supreme Court of Vermont
Trespass for an assault and battery, prosecuted by the plaintiff’s father and natural guardian, C. D. Bonett. Plea, the general issue. Trial by jury, December Term, 1863, Poland, Ch. J., presiding. On the trial.the plaintiff offered as a witness in his half, the wife of said C. D. Bonett.
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Trespass for an assault and battery, prosecuted by the plaintiff’s father and natural guardian, C. D. Bonett. Plea, the general issue. Trial by jury, December Term, 1863, Poland, Ch. J., presiding. On the trial.the plaintiff offered as a witness in his half, the wife of said C. D. Bonett. The defendant objected that she was not a competent witness for the plaintiff, but the court overruled the objection, and permitted her to testify for the plaintiff, — to which decision the defendant excepted. Verdict for the plaintiff. The guardian, Bonett, is a party to the suit, made so by law. He…
1Opinion of the CourtKellogg, J.
The plaintiff, being an infant, commenced and prosecuted this suit by his father as his natural guardian. On trial the •wife of this guardian was offered, and, against the objection of the defendant, was allowed to testify, as a witness in support of the action. The sole question in the case is, was she a competent witness for the plaintiff? If her husband’s relation to the suit was such as to make him a party to it, she was incompetent. Cram, Adm’r, v. Cram, 33 Vt. 15.
Judge Reeye, in his treatise on Domestic Relations, p. 265, says that the better opinion is that no execution for costs can…
2Cases cited2 opinions
- Cram v. CramSupreme Court of Vermont · 1860
- Brown v. HullSupreme Court of Vermont · 1844
3Cited by8 opinions
- Strong v. City of Stevens PointWisconsin Supreme Court · 1885
- of Carpenter v. MooreSupreme Court of Vermont · 1871
- Slafter v. SavageSupreme Court of Vermont · 1915
- Duffy v. PinardSupreme Court of Vermont · 1868
- McEwen v. B. P. Shannon & Co.Supreme Court of Vermont · 1892
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