Indiana Supreme Court, 1889

Moore v. Hammons

Moore v. Hammons
Indiana Supreme Court · Decided June 26, 1889 · Elliott
119 Ind. 510; 21 N.E. 1111; 1889 Ind. LEXIS 322
Moore v. Hammons

Cases that cite this one

6 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Elliott, C. J. —

The appellee’s counsel insist that the assignment of errors is not properly in the record because it is pasted to the transcript. We regard this objection as too technical to prevail. Even before the adoption of the present rules the assigment of errors might be made part of the record by permanently attaching it to the transcript, for we *511think that when attached as a page of the transcript the assignment is “entered on the records” within the meaning of the code.

Filed June 26, 1889.

An instruction in an action by a husband for the seduction of his wife which informs the jury that the plaintiff can not recover if the wife consented to the sexual intercourse, is erroneous under any supposable state of the evidence. As the trial court gave such an instruction the judgment must be reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.