Hoxie v. Walker
Supreme Court of New Hampshire
Case, for alienation of the affections of the plaintiff’s husband. Trial by jury and verdict for the defendant. Transferred from the January term, 1908, of the superior court by Pike, J. In his opening statement the defendant’s counsel, after declaring that he should show that the plaintiff’s husband was a very immoral man, said: “And it is his affections that Mrs. Walker should pay $50,000 for.
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Case, for alienation of the affections of the plaintiff’s husband. Trial by jury and verdict for the defendant. Transferred from the January term, 1908, of the superior court by Pike, J. In his opening statement the defendant’s counsel, after declaring that he should show that the plaintiff’s husband was a very immoral man, said: “And it is his affections that Mrs. Walker should pay $50,000 for. Mrs. Lawrence, egging her on —.” At this point he was interrupted by the plaintiff’s counsel, who excepted to the unfinished remark, on the ground that counsel was arguing the plaintiff’s evidence.…
1Opinion of the CourtWalker, J.
1. The plaintiff’s evidence tended to show that Mrs. Lawrence had been an intimate friend of the plaintiff for eleven years, and took much interest in the preparation of th& case for the plaintiff and assisted her in procuring evidence. One inference that might be legitimately drawn from this testimony was that Mrs. Lawrence was not a disinterested witness; it bore directly on her credibility. The statement of the defendant’s counsel, therefore, that Mrs. Lawrence was urging the plaintiff on in this suit, or was “ egging her on,” was the assertion, not of a-fact of which there was no…
2Cases cited1 opinion
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3Cited by9 opinions
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- State v. WargoSupreme Court of New Hampshire · 1929
- Zogoplos v. BrownSupreme Court of New Hampshire · 1929
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