Gleason v. Knapp

• Decision Date: 09 April 1885
• Citation: 22 N.W. 865,56 Mich. 291
• Court: Michigan Supreme Court
• Parties: GLEASON v. KNAPP.

22 N.W. 865

56 Mich. 291

GLEASON v. KNAPP.

Supreme Court of Michigan

April 9, 1885

Error to Kalamazoo.

O.T Tuthill, for plaintiff.

Hawes &amp Shakespeare, for defendant.

CAMPBELL J.

In this case plaintiff sued defendant for criminal conversation with his wife, and recovered a verdict of $2,000. The case is remarkable in many respects, and presents several questions of considerable apparent importance, which however, upon some conditions presented by the record, may not be very decisive one way or the other. In order to understand the difficulties presented by the record, the order of facts becomes material. Plaintiff and his former wife, who is now divorced and married to defendant, were married in 1874, and lived together in Branch county, having two children. In the latter part of September, 1880 plaintiff hired out his wife's services to defendant as housekeeper, and made an arrangement for his own services on the farm. There is testimony introduced by himself that his own work was dependent on Knapp's need of it, and that he was paid by the day for this. There is no testimony on plaintiff's behalf tending to show any grievance or cause of grievance before December 23, 1880. On the evening before that day he testified that after he went to bed his wife and defendant sat up in a room opening from the bedroom for some time, and he got up and joined them, and that during that night he and Knapp had some bickering, as well as he and his wife, and that Knapp told him his wife was not going to live with plaintiff any more, and that he could not keep plaintiff or his team any longer. Plaintiff, however, says he had then no hard feelings against Knapp, and that he asked his wife to go away with him, but she would not go.

Defendant's testimony contradicted all the matters which had any questionable appearance, as sworn to by plaintiff. Plaintiff swore that he went away December 24th and came back with his brother late at night on January 1st, and saw through a window what he claims was conduct from which adultery was to be inferred, and that he went in and was upbraided by defendant for his treatment of his wife, but made no quarrel with defendant, and told him he did not come there to quarrel with him, but to induce his wife to live with him. She did not go that night. On or about the tenth of January, 1881, he went again to the neighborhood and sent for his wife, who went to see him, and they returned to Knapp's and lodged together, and during the night both got up to help Knapp, who was sick. She did not go away with her husband on that occasion, and he says the next time he went to Knapp's was March 16, 1881, when he claims he wanted her to go with him, but she again refused. During this interval, on January 17, 1881, she swore to a bill of divorce against him, alleging, among other acts of cruelty, his conduct in December at and before the time which he...