Lupton v. Underwood

Citations

• 26 Del. 519
• 3 Boyce 519
• 85 A. 965
• 1912 Del. LEXIS 68

Syllabus

<p>1. Husband and Wife—Alienation of Affections—Right to Sue— Statutes.</p> <p>Under 14 Del. Laws, c. 550, § 4, providing that any married woman may prosecute and defend suits at law or in equity for the preservation and protection of her property as if unmarried, a married woman may sue in her own name for alienation of the affections of her husband, without alleging that she was still married to the husband, that she was living apart from him, or that defendant knew of the marriage at the time of the grievances complained of.</p> <p>2. Witnesses—Best and Secondary Evidence—Examination of Witness.</p> <p>Defendant, having shown to plaintiff, while testifying as a witness, certain letters alleged to have been written by her which had been marked for identification, and which she had identified as in her handwriting, but which had not been introduced in evidence, was not entitled to embody parts of such letters in questions asked of the witness as to whether she did not write such matter to affect her credibility; the letters being the best evidence of their contents and what she wrote.</p> <p>3. Husband and Wife—Alienation of Affections—Question for Jury.</p> <p>. In an action for alienation of the affections of plaintiff’s husband, evidence held to require submission of defendant’s liability to the jury.</p> <p>4. Evidence—Documents—Notice to Produce.—Time.</p> <p>Whether a notice to produce documents not given until the case was on trial was too late depended on the ability of the party notified to produce the document in compliance with the notice.</p> <p>5. Witnesses—Competency—Privilege.</p> <p>Plaintiff's counsel participating in the actual trial of the case was privileged from being called by defendant as a witness.</p> <p>6. Witnesses—Examination—Leading Questions.</p> <p>A question asked of the defendant in an action for alienation of affections, whether she wrote certain letters referred to, and, if so, whether with the intention to induce, persuade, or co