Clow v. Chapman
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The court committed error in, refusing to permit the plaintiff to introduce any evidence in the case. The petition states a cause of action, and plaintiff should have been permitted to prove the allegations therein made. “A divorced woman may maintain an action for damages for the alienating of the affection of her former husband.”
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The court committed error in, refusing to permit the plaintiff to introduce any evidence in the case. The petition states a cause of action, and plaintiff should have been permitted to prove the allegations therein made. “A divorced woman may maintain an action for damages for the alienating of the affection of her former husband.” By the statutes of this state she could sue, even if she were not divorced. ‘ ‘At all events, there can be no shadow of an excuse for denying her the right of action, when she has been divorced.”…
1Opinion of the CourtBlack, P. J.
According to the petition the plaintiff and David Clow were married in 1866, and lived together as husband and wife until 1884, when they were divorced, for the fault and misconduct of David/ Before they were divorced, the defendant alienated the affections of the plaintiff’s husband, and induced him to abandon plaintiff and take up his abode with her, the defendant. The petition contains other averments which need not be recited. At the trial the defendant objected to the introduction of any evidence for the assigned reason that the petition stated no cause of action, which objection the…
2Cases cited6 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Foot v. CardSupreme Court of Connecticut · 1889
- Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Rinehart v. BillsSupreme Court of Missouri · 1884
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3Cited by42 opinions
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