Fundermann v. Mickelson

HARRIS, Justice.

We have become convinced that there is inherent and fatal contradiction in the term “alienation of affections.” The alienation belies the affection. Suits for alienation are useless as a means of preserving a family. They demean the parties and the courts. We abolish such a right of recovery and, hence, reverse and set aside the trial court’s judgment.

It is scarcely necessary to relate the facts. As is typical, there was ample defense evidence that the marriage between the plaintiff and his former wife, Susan, had deteriorated to a point of no return long prior to defendant’s…