{
  "id": 2764648,
  "name": "George Hardy, Appellee, v. Gideon C. Bach, Appellant",
  "name_abbreviation": "Hardy v. Bach",
  "decision_date": "1912-10-03",
  "docket_number": "Gen. No. 17,091",
  "first_page": "123",
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    "name": "Illinois Appellate Court"
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      "cite": "23 Ill. App. 643",
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  "last_updated": "2023-07-14T18:18:39.035248+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "George Hardy, Appellee, v. Gideon C. Bach, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.\nThis is an action on the case by George Hardy, charging Gideon C. Bach with criminal conversation with Margaret Hardy, plaintiff\u2019s wife. The jury returned a verdict for $1,000.\nCounsel 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: ' \u2018 The plaintiff in a case of this kind is bound to prove a marriage valid in all respects.\u201d The plaintiff, to prove the marriage, introduced in evidence a document which is described in the abstract as \u201cPlaintiff\u2019s Exhibit C.\u201d 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.\nThe 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.\nThe 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.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Tinsman, Rankin & Neltnor, for appellant.",
      "Charles R. Napier and Charles S. McIlvaine, for appellee."
    ],
    "corrections": "",
    "head_matter": "George Hardy, Appellee, v. Gideon C. Bach, Appellant.\nGen. No. 17,091.\n1. Appeal and error\u2014presumption 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.\n2. Husband and wife\u2014criminal 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.\nAppeal from the Circuit Court of Cook county; the Hon. Mazzini Slusser, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1910.\nReversed and remanded.\nOpinion filed October 3, 1912.\nTinsman, Rankin & Neltnor, for appellant.\nCharles R. Napier and Charles S. McIlvaine, for appellee."
  },
  "file_name": "0123-01",
  "first_page_order": 141,
  "last_page_order": 142
}