Barlow v. Barnes

Plaintiff sued defendant, charging upon two separate causes of action. The first prayed damages for the alienation of the affections of plaintiff’s wife. The second prayed damages for defendant’s criminal intercourse with her. The gravamina of these two actions are of course essentially different. A cause of action for alienation of affection-may exist where there has been no criminal conversation, and, upon the other hand, where criminal conversation is the basis of a right of action, alienation-of the wife’s affection is not a necessary element of the offense. “Her sexual intercourse with…