Legal Opinion

Howton v. Avery

Supreme Court of Alabama

Decided July 10, 1987No. 86-514PublishedCited by 12 opinions

1Opinion of the Court

The appellant would have us create a cause of action for tortious interference with a marital contract. We see no reason to reopen an avenue to litigation that the Legislature, in its wisdom, closed in 1935 by enactment of a statute codified at Code 1975, § 6-5-331.

We affirm the judgment dismissing the case and adopt the following language from Arnac v. Wright, 163 Ga. App. 33,292 S.E.2d 440, 442 (1982):

"A review of the complaint shows allegations of 'seduction,' 'illicit relations,' and 'estranged . . . affections,' which [are] synonymous with and the equivalent of pleading adultery,…

2Cases cited2 opinions

  1. Norris v. Moskin Stores, Inc.Supreme Court of Alabama · 1961
  2. Arnac v. WrightCourt of Appeals of Georgia · 1982

3Cited by12 opinions

  1. Pickering v. PickeringSouth Dakota Supreme Court · 1989
  2. Speer v. DealyNebraska Supreme Court · 1993
  3. D.D. v. C.L.D.Supreme Court of Alabama · 1992
  4. Bailey v. FaulknerSupreme Court of Alabama · 2006
  5. Bailey v. FaulknerSupreme Court of Alabama · 2006

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