Eliason v. Draper
Superior Court of Delaware
Action on the Case by Hattie Eliason against Lillie C. Draper for alienation of the affections of plaintiff’s husband. Both the plaintiff and the defendant were married women living apart from their husbands. And the action was brought as above without the joinder of their husbands. The defendant demurred generally to the declaration. The demurrer was over-ruled. (Same case on motion for a bill of particulars before filing pleas, post 64.)
1Opinion of the CourtWoolley, J.
delivering the opinion of the court:
This is an action instituted by a married woman, living apart from her husband, against a married woman living apart from her husband, without the joinder of their respective husbands as parties, wherein the plaintiff seeks to recover damages from the defendant for enticing away her husband and alienating from her his affection, and thereby- depriving her of his comfort, fellowship, aid and assistance.
In support of her remedy, the plaintiff counts upon a statute enacted in 1871, which provides,
“That money or other property held or acquired by a married…
2Cases cited28 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Foot v. CardSupreme Court of Connecticut · 1889
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Price v. PriceSupreme Court of Iowa · 1894
- Nichols v. NicholsSupreme Court of Missouri · 1898
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Novak v. Kansas City Transit, Inc.Supreme Court of Missouri · 1963
- Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
- Yonner v. AdamsSuperior Court of Delaware · 1961
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Sheats v. BowenDistrict Court, D. Delaware · 1970
12 more not listed; retrieve them via the Exa API.