Nichols v. Munsel
Massachusetts Supreme Judicial Court
Writ of dower. At the trial in the Superior Court, before Lord, J., the fact of the seisin of Danforth Nichols was admitted, and the only question in dispute was whether Danforth Nichols and the demandant were lawfully married; it being contended by the tenants that the demandant had a husband living at the time of her alleged marriage with Nichols.
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Writ of dower. At the trial in the Superior Court, before Lord, J., the fact of the seisin of Danforth Nichols was admitted, and the only question in dispute was whether Danforth Nichols and the demandant were lawfully married; it being contended by the tenants that the demandant had a husband living at the time of her alleged marriage with Nichols. The record of the demandant’s marriage with Danforth Nichols was duly proved, and was legal in form, and also the fact that she lived with him as his wife most of the time from 1856 to his death in 1871. The tenants introduced a record of a…
1Opinion of the CourtGray, C. J.
1. The single issue presented by the pleadings was whether the demandant had been lawfully married to Dan-forth Nichols. Upon that issue, the burden of proof rested on her throughout the trial. Evidence that she had gone through the legal form of marriage with him made a primá facie case for her; and so the judge ruled. But it did not change the burden of proof. Powers v. Russell, 13 Pick. 69. Delano v. Bartlett, 6 Cush. 364. Central Bridge v. Butler, 2 Gray, 130.
2. We can see no foundation for the argument that the action of the presiding judge was compulsory in its nature, and an improper…
2Cases cited1 opinion
- Florence Sewing Machine Co. v. Grover & Baker Sewing Machine Co.Massachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
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- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
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- Charlton v. KellyCourt of Appeals for the Ninth Circuit · 1907
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1887
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