Williams v. Williams
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action by wife for alienating the affections of her husband and causing him to separate from and desert her; the defendant was the husband’s mother. Verdict .and judgment for plaintiff in the sum of 112,500. Defendant appeals.
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Appeal from the District Court of Arapahoe County. Action by wife for alienating the affections of her husband and causing him to separate from and desert her; the defendant was the husband’s mother. Verdict .and judgment for plaintiff in the sum of 112,500. Defendant appeals. The complaint, omitting the formal parts, is as follows : “ On or about the 9th day of July, 1888, in the state of New York, the plaintiff was lawfully married to one Edward L. Williams, who is the son of defendant. That at all times since said marriage the said Edward L. Williams and the plaintiff have been, and now…
1Opinion of the CourtJustice Elliott
1. A question is raised in limine which goes to the very foundation of this action. The question is whéther a wife, as a matter of law, can have any right of action against one who induces her husband to abandon and forsake her. It is conceded that the husband may have a right of action against one who entices away his wife; but it is urged that, by reason of the legal unity of husband and wife, no such right of action exists in her favor. It is true there are some decisions to that effect, but they are neither numerous nor convincing. The case of Logan v. Logan, 77 Ind. 558, was rendered by…
2Cases cited13 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Foot v. CardSupreme Court of Connecticut · 1889
- French v. DeaneSupreme Court of Colorado · 1894
- Logan v. LoganIndiana Supreme Court · 1881
- McBride v. ThompsonSupreme Court of Alabama · 1845
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Rains v. RainsSupreme Court of Colorado · 1935
- Pratt v. DalyArizona Supreme Court · 1940
- Pugsley v. SmythOregon Supreme Court · 1921
- Jones v. MonsonWisconsin Supreme Court · 1909
- Luick v. ArendsNorth Dakota Supreme Court · 1911
51 more not listed; retrieve them via the Exa API.