Legal Opinion

Roberts v. Jacobs

South Dakota Supreme Court

Decided March 4, 1916No. File No. 3853PublishedCited by 9 opinions

Appeal from Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action by Ed. Roberts, ag’ainst John Jacobs, for damag'es for seduotion of and alienation of the affections of plaintiff’s wife. From a judgment for .plaintiff, and from an order denying a new trial, defendant appeals.

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Appeal from Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action by Ed. Roberts, ag’ainst John Jacobs, for damag'es for seduotion of and alienation of the affections of plaintiff’s wife. From a judgment for .plaintiff, and from an order denying a new trial, defendant appeals. ('2') To point two of the opinion, Appellant cited-: King v. Hanson-, (N. D.) 99 N. W. 1085; H-oughton -v. Rice, 47 L. R. 'A." 3Í0; Perry V. Lóvéjoy, (Mich.) 14 N. W. 485; Van Olinda v. Hall, 34 N. Y. Su'ppl. 777; Kroessin v. Keller, 27 L- R. Á'.;' Ellis v. Lambert, 24 Out. Appeal, 653; Bigaouette v. Paulet,…

1Opinion of the CourtWhiting, J.

The complaint herein -purported to alleg-e two causes of action: (1) That on May 10, 1911, and on divers’ days after that day, defendant, “intending- to injure p-lain-tiff, and deprive him of the comfort, society, aid, and assistance of his' wife, * * * willfully * * * ' debauched and -carnally knew” the wife of plaintiff Without his- consent or privity. That thereby the affection of said wife for -plaintiff “Wa© impaired, alienated,' and destroyed, and * * * -plain-tiff was deprived of the comfort, socety, -aid, and assistance, which he otherwise would have-had from his said wife, and has…

2Cases cited2 opinions

  1. Rinehart v. BillsSupreme Court of Missouri · 1884
  2. Smith v. HockenberryMichigan Supreme Court · 1904

3Cited by9 opinions

  1. Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
  2. Morey v. KellerSouth Dakota Supreme Court · 1957
  3. Holmstrom v. WallSouth Dakota Supreme Court · 1936
  4. Pearsall v. ColganSouth Dakota Supreme Court · 1956
  5. Judson Pins v. State Farm Fire and Casualty CompanyCourt of Appeals for the Eighth Circuit · 2007

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