Schneider v. Tapfer
Oregon Supreme Court
From Multnomah: T. E. J. Duffy, Judge. In Banc. Plaintiff was the son-in-law of the defendant. In September, 1916, .plaintiff’s wife left him and went back home to her father. Plaintiff brings this action against the father to recover damages for the alleged alienation of his wife’s affections.
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From Multnomah: T. E. J. Duffy, Judge. In Banc. Plaintiff was the son-in-law of the defendant. In September, 1916, .plaintiff’s wife left him and went back home to her father. Plaintiff brings this action against the father to recover damages for the alleged alienation of his wife’s affections. He obtained a verdict and judgment against the defendant for the sum of $14,000, from which the defendant appeals, alleging error in certain rulings of the court below upon the admission of testimony, and also in refusing to grant defendant’s motion for a judgment of nonsuit.
1Opinion of the CourtBennett, J.
Appellant’s first assignment of error has reference to the ruling of the court, permitting a witness to testify to a talk she had with plaintiff’s wife, concerning which the witness stated:
“Well, in several ways she generally used to speak in regard to her husband, and she always spoke very *523well of Mr. Schneider, and that they got along very happily together.”
We do not think there was any error in the ruling of the court upon this question. It is well settled that, in a case of this kind, the plaintiff is permitted to show the declarations of his or her spouse, while they were living…
2Cases cited29 opinions
- Price v. PriceSupreme Court of Iowa · 1894
- Tucker v. TuckerMississippi Supreme Court · 1896
- Bailey v. BaileySupreme Court of Iowa · 1895
- Nevins v. NevinsSupreme Court of Kansas · 1904
- Sullivan v. WakefieldOregon Supreme Court · 1913
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3Cited by25 opinions
- Pugsley v. SmythOregon Supreme Court · 1921
- Roberts v. CohenOregon Supreme Court · 1922
- Cole v. JohnsonOregon Supreme Court · 1922
- Noteboom v. SavinOregon Supreme Court · 1958
- Patterson v. SkoglundOregon Supreme Court · 1947
20 more not listed; retrieve them via the Exa API.