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Mudd v. Clements
17 F. Cas. 954
U.S. Circuit Court for the Dis...
1826
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But the Coukt, {nem. con.) permitted the evidence to be given for the purpose of showing the means by which the defendant accomplished the seduction; and the defendant took a bill of exceptions. See Starkie on Ev. part 4, p. 1309, 1310; Peake’s L. E. 355; and Elliot v. Nicklin, 5 Price, 641.

The defendant’s counsel then prayed the Court to instruct the jury that this action upon the case would not lie, and that the action had been misconceived.

But the Court {nem. con.) refused, saying that they might move it in arrest of judgment, if it were a substantial objection. (See 1 Chitty, Pl. 138 ; 2 Ib. 265, 315, 271, 422; 3 Starkie on Ev. 1307, 1308, Am. Ed. note 1; Bennet v. Alcott, 2 T. R. 167; Woodward v. Walton, 2 N. R. 476; Macfadzen v. Olivant, 6 East, 387; Parker v. Elliot, Gilmer, 33, and S. C. 6 Munf. 587.)

The defendant took his second bill of exceptions.

Verdict for plaintiff $2,000. There was no motion made in arrest of judgment, nor any writ of error issued.

Case Details

Case Name: Mudd v. Clements
Court Name: U.S. Circuit Court for the District of District of Columbia
Date Published: Dec 15, 1826
Citation: 17 F. Cas. 954
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