Hanfgarn v. Mark

Motion to dismiss the complaint on the ground that it appears on the face thereof that the court has no jurisdiction of the subject of the action. The action is brought by a husband for the alienation of his wife’s affections and for criminal conversation. The motion raises the question of the constitutionality of the recent enactment (Laws of 1935, chap. 263) of article 2-A of the Civil Practice Act (§§ 61-a to 61-i), which, it is stated generally, is in the nature of a legislative experiment to abolish such rights of action because of possible evils in practice. No authority directly in…