Emlaw v. Emlaw

20 Mich. 11
CourtMichigan Supreme Court
DecidedJanuary 7, 1870
StatusPublished
Cited by7 cases

This text of 20 Mich. 11 (Emlaw v. Emlaw) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emlaw v. Emlaw, 20 Mich. 11 (Mich. 1870).

Opinion

The Court

held that the deposition in the Court below was improperly admitted; that the cause which justified the taking de bene esse having been removed, and the witness being in a condition to be sworn, the deposition ought to have been excluded.

Upon the facts in issue, the Court held that the positive statements of a witness, which are incredible, may be disregarded, even without reference to the effect of the impeaching testimony, which, in this ease, was complete; and that even if the suppressed deposition had been admitted, there was no evidence to justify the inference of adultery.

Decree reversed and bill dismissed; and an order entered that the complainant pay the defendant, as an allowance for the expenses of her defense, the sum of two hundred and fifty dollars.

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Cite This Page — Counsel Stack

Bluebook (online)
20 Mich. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emlaw-v-emlaw-mich-1870.