Legal Opinion

Humphrey v. Humphrey

Supreme Court of Connecticut

Decided June 15, 1828PublishedCited by 27 opinions

This was a petition for a divorce, charging the respondent Hannah Humphrey, the wife of the petitioner, with having committed the crime of adultery, On the hearing before Ve-ters, J., Litchfield county, February term 1828, the petitioner, for the purpose of proving the crime alleged in the petition, introduced a witness, who testified, that in January, 1827, he and several other persons were in Virginia, on business ; that the respondent was with them, in the capacity of a…

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This was a petition for a divorce, charging the respondent Hannah Humphrey, the wife of the petitioner, with having committed the crime of adultery, On the hearing before Ve-ters, J., Litchfield county, February term 1828, the petitioner, for the purpose of proving the crime alleged in the petition, introduced a witness, who testified, that in January, 1827, he and several other persons were in Virginia, on business ; that the respondent was with them, in the capacity of a cook ; that they occupied one room only, which was not large ; that in this room, there were eight or nine beds, in view…

1Opinion of the CourtDaggett, J.

By the motion, it appears, that the testimony *118to the adultery of the respondent, was presumptive rather than p0gj;jve . an,j the judge, at the circuit, supposed, that evidence of general character was properly received to rebut such testi-mony* R seems quite clear, that the nature of the proof given by the petitioner, lays no foundation for the introduction of this species of evidence.

The question is merely, did the respondent commit adultery ? If she might be permitted, in this case, to repel proof of that fact, by showing the goodness of her character, she might, in any other instance, be…

2Cited by27 opinions

  1. Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
  2. Evans v. EvansCourt of Appeals of Kentucky · 1892
  3. Kennedy v. UpshawTexas Supreme Court · 1886
  4. Gebhart v. BurkettIndiana Supreme Court · 1877
  5. Barton v. ThompsonSupreme Court of Iowa · 1881

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