New Jersey Law Reports Volume 30

New Jersey Law Reports Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...was a verdict for the plaintiff, subject to the opinion of the court at bar on several questions, which were duly certified. The principal one was as to the admission of parol evidence, offered on the part of the plaintiff to prove the admission of defendant that he had been divorced from the plaintiff. This evidence was admitted by the court, and there was a verdict for the plaintiff. It was now insisted that the evidence was incompetent. For the plaintiff, C'. Parker... For the defendant, O. S. Halsted. VREDENBURGH, J. The plaintiff was married to the defendant at Newark, in this state, on the 15th November, 1849, and six months afterwards had a child. The plaintiff was again married, six or seven years ago, to one Tice, who died about three years ago, and since his death the plaintiff has always supported the child. About two years ago, the plaintiff applied to the defendant to pay the board of tho child, who refused because, as he said, the child was not his. One of the plaintiff 's witnesses was asked, has the defendant ever admitted to you that he had been divorced from the plaintifi"? which, being objected to, was admitted by the court, and the witness answered that he had often, and that the defendant was now married to another woman. The first question certified is, whether this question and answer were legal? It is clear that, unless divorced, the wife could not bring this suit against the husband; she could only bring it upon the assumption that the relation of husband and wife did not exist at the time of the institution of the suit. This is sought to be proved by a parol admission by him, that they had been divorced. The fact stated by the witness, that the defendant had married again, may prove bigamy, but cannot more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236844211
  • 9781236844217