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173 Ill. App. 123

Hardy v. Bach

Appellate Court of Illinois

Decided October 3, 1912

Appellate Court of Illinois · decided 1912-10-03

<p>1. Appeal and error—presumption on failure to abstract document. On a failure to give any information in the abstract of record as to the nature and contents of a document introduced in criminal conversation to prove a valid marriage, the court will assume that it was sufficient for the purpose for which it was offered, and that the marriage was properly proven.</p> <p>2. Husband and wife—criminal conversation. Proof of the reputation of a wife for chastity, and specific acts of unchastity prior to her marriage, while no defense in criminal conversation, is admissible in mitigation of damages.</p>

Cited by 2 later decisions — most recently October 2013

1 state decisions

Relies on Sanborn v. Neilson · Rea v. Tucker · Smith v. Hockenberry

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1912-10-03

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Mr. Justice McSurely

¶1delivered the opinion of the court.

¶2This is an action on the case by George Hardy, charging Gideon C. Bach with criminal conversation with Margaret Hardy, plaintiff’s wife. The jury returned a verdict for $1,000.

¶3Counsel for defendant argue that a valid marriage between George Hardy and Margaret Hardy was not proven. As was said in Keppler v. Elser, 23 Ill. App. 643: ' ‘ The plaintiff in a case of this kind is bound to prove a marriage valid in all respects.” The plaintiff, to prove the marriage, introduced in evidence a document which is described in the abstract as “Plaintiff’s Exhibit C.” Counsel not having seen fit to give us any other information in the abstract of record as to the nature and contents of this document, we must assume that it was sufficient for the purpose for which it was offered and that the marriage was properly proven.

¶4The defendant offered to prove the reputation of Margaret Hardy for chastity, and specific acts of unchastity by her prior to her marriage to the plaintiff. Such evidence, while no defense is admissible in mitigation of damages. Sanborn v. Neilson, 4 N. H. 501; Conway v. Nicol, 34 Ia. 533; Smith v. Hockenberry, 138 Mich. 129; Rea v. Tucker, 51 Ill. 110; 2 Greenleaf on Evidence, Section 56.

¶5The ruling of the trial court in not permitting the introduction of such evidence was reversible error. Therefore the judgment is reversed and the cause remanded.

¶6Reversed and remanded.

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