Rose v. . Dean

This is an action to recover damages for the alienation of the affections of the plaintiff’s wife. The defendant offered no evidence, and at the conclusion of the plaintiff’s testimony moved to dismiss the action as in case of nonsuit. Upon denial of the motion issues were submitted to the jury and upon the verdict judgment was rendered in favor of the plaintiff. The defendant’s motion in our opinion should have been allowed.

The basis of the action is the husband’s loss of the society, affection, and assistance of his wife, and if there is no element of seduction or adultery malice must be…