Fratini v. Caslani
| Decision Date | 16 March 1894 |
| Citation | 29 A. 252,66 Vt. 273 |
| Parties | JOSEPH FRATINI v. SEVERINO CASLINI |
| Court | Vermont Supreme Court |
Case for alienation of the affections of plaintiff's wife. Plea, not guilty. Trial by jury at the March term, 1893 Washington county, TAFT, J.,presiding. Verdict and judgment for the plaintiff. The defendant excepts.
Judgment affirmed.
W.A. & O.B. Boyce and John G. Wing for the defendant.
OPINIONCase for alienating the affections of plaintiff's wife and for criminal conversation with her.
In order to make admissible what purported to be a certificate of plaintiff's marriage it was necessary to show that it was signed by the priest who performed the ceremony. Plaintiff testified that he was married in church at New London, Conn., and that at the time of the ceremony the certificate of his marriage that he produced was given to him. The father of plaintiff's wife testified that he was present and saw the parties married, and saw said certificate given to them at the time of the marriage. Although neither witness testified directly that it was the priest who gave the certificate, yet it is fairly inferable from their testimony that it was he; and that being so, the fact that he gave it was evidence tending to show that the signature attached thereto, purporting to be that of the officiating priest, was his; hence the certificate was admissible. An intimation to the like effect is made in State v. Colby, 51 Vt. 291.
Plaintiff and his wife quarrelled the night before she left him, and defendant offered to show what she subsequently said about it, for the purpose of showing on what terms they were then living. Trouble concerning plaintiff's wife began between these parties about the middle of April, which was some time before she left. Defendant also offered to show generally her complaints and declarations of and concerning her husband's treatment of her, made after trouble began as aforesaid, but was limited in time to those made before trouble began; and this was right. In actions for criminal conversation it is relevant to inquire into the terms on which the husband and wife lived together before her connection with the defendant, and it is usual to give evidence of what they have said or written to or of each other, in order to show their mutual demeanor and conduct and whether they were living on good or bad terms. It is however, always required that proof should be given that the declarations or letters of the wife, when the husband is the plaintiff, purporting to express her feelings, were made or written prior to the existence of any facts calculated to excite suspicion of misconduct on her part, and when there existed no ground to suspect collusion. 1 Phil. Ev., 182; 1 Greenl. Ev., s. 102; 1 Whart. Ev.,s. 225.
This rule, and the reason of it, are as applicable to the counts for alienating affections as to the count for criminal conversation, for the cause of action is the same in all, namely, the loss of consortium. Daley v. Gates, 65 Vt. 591; ...
To continue reading
Request your trial