Legal Opinion

French v. Deane

Supreme Court of Colorado

Decided January 15, 1894PublishedCited by 55 opinions

Appeal from the District Court of Arapahoe County. Action by appellee, plaintiff below, for the enticing away of his wife. Judgment for plaintiff for §25,000. Defendant appeals.

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Appeal from the District Court of Arapahoe County. Action by appellee, plaintiff below, for the enticing away of his wife. Judgment for plaintiff for §25,000. Defendant appeals. Plaintiff in his complaint alleges, inter alia, his marriage with Clara R. Deane in the year 1870. “ That said plaintiff has at all times from the date of his said marriage lived in the city of Denver with his wife and has provided her with a comfortable home, and at all times his said wife has lived with him at his said home happily and contentedly until the occurrence of the matters hereinafter set forth.” “That…

1Opinion of the CourtChief Justice PIayt

Among the fundamental rights of husband and wife is that each has the right to the society and companionship of the other. At common law there were two forms of action that might have been maintained by the husband for offenses against the marital relation; one for enticing the wife away and the other for seduction. And these actions, subject to some modifications by statutes in a number of the states, still exist. Whether the present action be treated as one for enticing the wife away or for seduction, it is sufficient in either event to allege in the complaint the ultimate facts, without a…

2Cases cited13 opinions

  1. Cummings v. MissouriSupreme Court of the United States · 1867
  2. Chicago v. SheldonSupreme Court of the United States · 1870
  3. City v. LamsonSupreme Court of the United States · 1870
  4. Murphy v. HobbsSupreme Court of Colorado · 1884
  5. Hodges v. BalesIndiana Supreme Court · 1885

8 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Palmer v. AH Robins Co., Inc.Supreme Court of Colorado · 1984
  2. Davis v. HearstCalifornia Supreme Court · 1911
  3. People v. GermanySupreme Court of Colorado · 1983
  4. People v. SneedSupreme Court of Colorado · 1973
  5. Williams v. WilliamsSupreme Court of Colorado · 1894

50 more not listed; retrieve them via the Exa API.

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