Townshend v. Townshend
Supreme Court of Vermont
Case for alienating the affections of plaintiff’s husband. Plea, the general issue. Trial by jury at the April Term, 1910, Windham County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The defendants are father and mother of plaintiff’s husband. Plaintiff claimed that she was forced to leave her home and husband because of his cruel treatment of her induced by defendants, who had alienated her husband’s affections.
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Case for alienating the affections of plaintiff’s husband. Plea, the general issue. Trial by jury at the April Term, 1910, Windham County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The defendants are father and mother of plaintiff’s husband. Plaintiff claimed that she was forced to leave her home and husband because of his cruel treatment of her induced by defendants, who had alienated her husband’s affections. The deponent Lamphear testified that she resided in Boston; that defendant Jennie Townshend is the wife of deponent’s husband; that she met…
1Opinion of the CourtRowell, C. J.
To the admission of one of the questions put to the deponent Lamphear the defendants objected that it was immaterial and irrelevant. But immateriality and irrelevancy alone do not vitiate. In order to do that, the testimony must be such that it might have prejudiced the excepting party in the decision of an issue in the case, and the answer elicited by the question was not of that character. Boutelle v. West Chester Fire Insurance Co., 51 Vt. 4, 31 Am. Rep. 666.
The same may be said of the answers elicited by the two questions objected to in Rerkins’s deposition, though no ground of objection…
2Cases cited8 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Fratini v. CasliniSupreme Court of Vermont · 1894
- Herrick v. Town of HollandSupreme Court of Vermont · 1910
- People of the State of New York v. . BeachNew York Court of Appeals · 1882
- Massucco v. TomassiSupreme Court of Vermont · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- State v. OrlandiSupreme Court of Vermont · 1934
- Gero v. John Hancock Mutual Life InsuranceSupreme Court of Vermont · 1941
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
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