Fry v. Leslie
Supreme Court of Virginia
Error to judgment of the circuit court of Loudoun county, rendered October 26,1890, in an action of trespass on the case, wherein Julia B. Leslie was plaintiff, and Harrison S. Fry was defendant. 'The action, which was commenced on the 1st day of March, 1889, was for the seduction of the plaintiff’s daughter. The declaration contains two counts.
Read the full summary
Error to judgment of the circuit court of Loudoun county, rendered October 26,1890, in an action of trespass on the case, wherein Julia B. Leslie was plaintiff, and Harrison S. Fry was defendant. 'The action, which was commenced on the 1st day of March, 1889, was for the seduction of the plaintiff’s daughter. The declaration contains two counts. The first charges that the defendant, on the — day of August, 1887, did debauch and carnally know the plaintiff’s daughter, whereby she became pregnant, and, in the course of nature, was delivered of a child; that in consequence thereof the plaintiff…
1Opinion of the Court
Lewis, P.
(after stating the case) delivered the opinion of the court.
1. The first assignment of error, which is that the circuit court erred in striking out the plea of infancy filed at rules, is not well taken. Even if the plea were before us, as a part *274of the record, the objection could not be sustained. This is an action of ex delicto, as every action bjr a parent founded upon the seduction of his or her daughter must be. 4 Min. Insts., 440; White v. Campbell, 13 Gratt., 573; Parker v. Elliott, 6 Munf., 587; S. C. Gilm , 33. Such is the appropriate form of the action at common law, and our…
2Cases cited13 opinions
- Pomeroy's Lessee v. State Bank of Ind.Supreme Court of the United States · 1863
- Young v. MartinSupreme Court of the United States · 1869
- Scott v. LloydSupreme Court of the United States · 1835
- White v. MurtlandIllinois Supreme Court · 1874
- George v. PilcherSupreme Court of Virginia · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Bright v. CommonwealthCourt of Appeals of Virginia · 1987
- Norfolk & Western Railroad v. H. I. ShottSupreme Court of Virginia · 1895
- Burke v. ShaverSupreme Court of Virginia · 1895
- Harrison v. CarrollCourt of Appeals for the Fourth Circuit · 1943
- Midkiff v. MidkiffSupreme Court of Virginia · 1960
31 more not listed; retrieve them via the Exa API.