Crowell v. . Crowell

J., dissenting. This is an action by the wife against the husband, alleging in her complaint the marriage and their living together as man and wife; that the defendant contracted a venereal disease, and that he "took advantage of his marital relation with said plaintiff and infected her with said vile and loathsome disease," and asks for judgment "for actual and punitive damages."

The defendant filed a written demurrer to the effect that the complaint showing upon its face that the parties were man and wife prior to, and during all the time of the acts complained of, that "the complaint does…