44 A. 908 | N.H. | 1897
Libels for divorce are, and until the legislature otherwise provides must be, tried by the court. Const., art. 76 (now art. 75); Sheafe v. Sheafe,
The common-law doctrine, established by a great weight of *139 authority, that while proof of an unblemished character has legitimate tendency to show that a defendant in an indictment is not guilty of the offence charged it has no such tendency upon the same issue in a civil action, is not here involved; and the question whether it can on principle be defended (2 Stark. Ev. 367) is not considered.
Exception overruled.
BLODGETT, J., did not sit: the others concurred.