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Willson v. Daboll

George Willson v. Sherman B. Daboll, Circuit Judge of Gratiot County

Willson v. Daboll, 104 Mich. 155 (1895)
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Court
Michigan Supreme Court · State Highest Courts
Decided
February 12, 1895
Citations
104 Mich. 155
Headnotes
Adultery — Complaint. Under How. Stat. § 9379, which provides that no prosecution for adultery shall be commenced but on the complaint of the husband or wife, a married man is subject to prosecution upon the complaint of the husband of the woman with whom he-commits adultery; citing People v. Davis, 53 Mich. 569.
Summary
Mandamus. Belator applied for mandamus to compel respondent to-quash an information against him for adultery. The facts.' are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This is an application for an order to. show cause why a writ of mandamus should not issue to-compel the vacation of an order denying a motion to quash, the information filed against relator charging him with* adultery. The complaint by which the prosecution was. instituted was made by the husband of the alleged paramour of the respondent (the relator in this proceeding). The relator contends that he, being a married man, was-subject to prosecution only on complaint made by his wife.

The statute (How. Stat. § 9279) provides that no prosecution for adultery shall be commenced but on the complaint *of the husband or wife. This statute has been construed to authorize proceedings on the complaint of the- aggrieved husband or wife, and it has been held that, where the respondent is a married man, he cannot insist- *156 that the complaint can only be made by his wife. The precise question was decided in People v. Davis, 52 Mich. 569 .

Application denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1903: 11920: 119032026peak 1903 · 1

Relies on it most ⓘ

  1. Steel v. Clinton Circuit Judge95 N.W. 993 (Mich. 1903)
  2. State v. Stevenson193 P. 1030 (Or. 1920)

Most recent

  1. State v. Stevenson193 P. 1030 (Or. 1920)
  2. Steel v. Clinton Circuit Judge95 N.W. 993 (Mich. 1903)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Davis, 18 N.W. 362 (Mich. 1884) 62

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