Smith v. Smith
South Dakota Supreme Court
Action by Emma Smith, against Manning Smith and others, to recover damages for alienation of plaintiff's husband’s affections. From a judgment, for plaintiff,.and from an order denying a new trial, defendants appeal.
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Action by Emma Smith, against Manning Smith and others, to recover damages for alienation of plaintiff's husband’s affections. From a judgment, for plaintiff,.and from an order denying a new trial, defendants appeal. (1) To point one of the opinion, Respondent cited: 3 Elliott on Evidence, Sec. 1648; Hardwick v. Hardwick, 130 la. 230, 106 N. W. 639; White v. White. 140 Wis. 538, 122 N. W. 1051. (2) To point two, Respondent cited: King v. Hanson, 13 N. D. 83, 99 N. W. 1085; 1 Joyce on . Damages, .Sec. 144. (4) To point four, Respondent cited: Sec. 1649 Vol. 3, Elliott on Evidence. (5) To point…
1Opinion of the CourtGates, J.
Action against the father, sister, and brother of plaintiff's husband for damages for the alienation of the husband’s affections. Verdict andi judgment for plaintiff. Motion for a new trial denied. Defendants appeal.
[1] The evidence on behalf of plaintiff tended to show the following facts: After their marriage plaintiff and her husband lived at the farm home of his father, defendant Manning Smith, where the other defendants' also lived, and where plaintiffs husband worked for his father. Some time prior to her expected confinement the plaintiff, with the consent of her husband, went to live…
2Cases cited5 opinions
- Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890
- King v. HansonNorth Dakota Supreme Court · 1904
- Bogue v. GundersonSouth Dakota Supreme Court · 1912
- Lovelett v. HeumpfnerSouth Dakota Supreme Court · 1913
- Watkins v. BowyerSouth Dakota Supreme Court · 1919
3Cited by3 opinions
- Smith v. WeberSouth Dakota Supreme Court · 1944
- Kuhn v. CooperWest Virginia Supreme Court · 1955
- Clendennen v. BainbridgeSouth Dakota Supreme Court · 1922