Maiden v. Boyd
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action by John W. Maiden, -against James E. Boyd, to recover damages for alienation of affections and criminal conversation. From a judgment for plaintiff, and from an- order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited-: Houghton v. Rice, (Mass.) 54 N. E. 843, 47 L. R. A. 310; Lell-is v. Lambert, 24 Qnt. App. 653. Respondent -cited: Civ.
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Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action by John W. Maiden, -against James E. Boyd, to recover damages for alienation of affections and criminal conversation. From a judgment for plaintiff, and from an- order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited-: Houghton v. Rice, (Mass.) 54 N. E. 843, 47 L. R. A. 310; Lell-is v. Lambert, 24 Qnt. App. 653. Respondent -cited: Civ. Code, Sec. 2286, 2287; Gessner v. Horne, (N. D.) 132 N. W. 431. (2) To- point two- of the opinion, Respondent -cited: Turner v. Lehman-, 141 N.…
1Opinion of the CourtTolley, J.
Plaintiff had judgment against the defendant for damages for the alienation of the affection and loss of the society of plaintiff’s wife, alleged to have been caused by the wrongful and unlawful acts of defendant, and for criminal conversation by defendant with plaintiff’s said wife.
[1] It is first contended by defendant that the complaint states but one cause of action, which is based upon criminal conversation; that there is no evidence to- support this cause of action; and that, for that reason, plaintiff is not entitled to recover. With this contention we cannot, agree. While the causes…
2Cases cited1 opinion
- Pollock v. . PollockNew York Court of Appeals · 1877
3Cited by4 opinions
- State v. GrahamWest Virginia Supreme Court · 1937
- Boyd v. StricklandSouth Dakota Supreme Court · 1931
- City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
- City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994