Hollett v. Wilmington Trust Co.

Layton, C. J.,

delivering the opinion of the Court:

The plaintiff’s declaration alleges that the defendants’ testator, Eli Nichols, alienated and destroyed the affection of the plaintiff’s wife, whereby the plaintiff lost her comfort, fellowship, society, aid and assistance.

To the declaration the defendants have demurred specially, contending that the cause of action abated with the death of Eli Nichols, and does not survive under Revised Code 1915, § 4154, which is as follows:

“In all personal actions, except actions for assault and battery, defamation, malicious prosecution, or any injury to…