Lewis v. Roby
Supreme Court of Vermont
CasR for alienating the affections of the plaintiff’s wife by committing adultery with her. Plea, the general issue. Trial by jury at the June Term, 1905, Windsor County, Haselton, presiding. 'Verdict and judgment for the plaintiff. The defendant excepted. The defendant also, brought a petition for a new trial, under V. S. 1662, to the May Term, 1906, of the Supreme Court for the county of Windsor, on the ground of newly discovered evidence.
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CasR for alienating the affections of the plaintiff’s wife by committing adultery with her. Plea, the general issue. Trial by jury at the June Term, 1905, Windsor County, Haselton, presiding. 'Verdict and judgment for the plaintiff. The defendant excepted. The defendant also, brought a petition for a new trial, under V. S. 1662, to the May Term, 1906, of the Supreme Court for the county of Windsor, on the ground of newly discovered evidence. This petition was heard with defendant’s exceptions at the October Term, 1906, on testimony taken and filed. The opinion fully states the case. Newly…
1Opinion of the CourtTyler, J.
This action is brought for the alleged alienation by the defendant o-f the plaintiff’s wife’s affections by seducing and having sexual intercourse with her. The exceptions are to the refusal o-f the court to charge as the defendant requested and to some portions of the charge as given.
The defendant’s 5th and 7th requests were as follows and were not complied with:
“If the jury find from the testimony that the affection or love of Effie E. Lewis was alienated from her husband by his own conduct, absence, neglect or other acts, and not by any act of defendant, the plaintiff cannot recover in…
2Cases cited5 opinions
- Fratini v. CasliniSupreme Court of Vermont · 1894
- Prettyman v. WilliamsonSuperior Court of Delaware · 1898
- Dallas v. SellersIndiana Supreme Court · 1861
- Stimmel v. BrownSuperior Court of Delaware · 1885
- Thayer v. Central Vermont RailroadSupreme Court of Vermont · 1887
3Cited by12 opinions
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Miller v. PearceSupreme Court of Vermont · 1913
- Taft v. TaftSupreme Court of Vermont · 1907
- Johnson v. RichardsIdaho Supreme Court · 1930
- Shedrick v. LathropSupreme Court of Vermont · 1934
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