Drake v. Drake
Supreme Court of Minnesota
Action in the district court for Hennepin county to restrain defendant from interfering with and annoying plaintiff in the lawful enjoyment of Ms business and private affairs. Defendant’s demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action was sustained, Molyneaux, J. From the order sustaining the demurrer, plaintiff appealed. Affirmed.
1Opinion of the CourtBrown, C. J.
The parties in this action are husband and wife, though they have not lived together as such since November, 1918; plaintiff having separated from defendant because, as he claims, of her abusive conduct toward him. Her conduct in that respect, according to. the allegations of the complaint, has been so oppressive, persistent and long continued, as to become injurious to plaintiff’s health and comfort, and he seeks by this action to have her restrained by injunction from further acts and conduct of the kind.
The complaint alleges that since the year 1916 defendant has carried on a systematic…
2Cases cited7 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Brown v. BrownSupreme Court of Connecticut · 1914
- Peters v. PetersCalifornia Supreme Court · 1909
- Fiedler v. FiedlerSupreme Court of Oklahoma · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Beaudette v. FranaSupreme Court of Minnesota · 1969
- Brown v. GosserCourt of Appeals of Kentucky (pre-1976) · 1953
- Smith v. SmithOregon Supreme Court · 1955
- Apitz v. DamesOregon Supreme Court · 1955
- Eschenbach v. BenjaminSupreme Court of Minnesota · 1935
31 more not listed; retrieve them via the Exa API.