Noll v. Carlin
Oregon Supreme Court
From Crook: T. E. J. Duffy, Judge. Department 2. The defendants are husband and wife and the parents of a daughter named Evelyn, who in December, 1915, in Crook County, Oregon, married the plaintiff and they lived together at different places until about July 5, 1919, when she left him and went to the home of her parents.
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From Crook: T. E. J. Duffy, Judge. Department 2. The defendants are husband and wife and the parents of a daughter named Evelyn, who in December, 1915, in Crook County, Oregon, married the plaintiff and they lived together at different places until about July 5, 1919, when she left him and went to the home of her parents. October 15, 1919, the plaintiff commenced this action, alleging that shortly after the marriage the defendants harbored an intense dislike to the plaintiff and wrongfully and maliciously sought to and did poison and prejudice the mind of Evelyn against the plaintiff and…
1Opinion of the CourtJohns, J.
1. Henry W. Carlin is the husband of Mary Carlin and the father of Evelyn, who is plaintiff’s wife. In Schneider v. Tapfer, 92 Or. 520, on page 536 (180 Pac. 107, 112), this court says:
“The defendant was the father of plaintiff’s wife, and it is elementary in eases of this hind that there are two distinct elements of the wrong, which plaintiff must prove, before he is entitled to recover. First: that the defendant did actually alienate the affections of the plaintiff’s spouse, and, second, that his action was malicious — that is, intended to injure the plaintiff and being calculated to bring…
2Cases cited4 opinions
- Price v. PriceSupreme Court of Iowa · 1894
- Bailey v. BaileySupreme Court of Iowa · 1895
- Schneider v. TapferOregon Supreme Court · 1919
- Eagon v. EagonSupreme Court of Kansas · 1899
3Cited by9 opinions
- Worth v. WorthWyoming Supreme Court · 1935
- Roberts v. CohenOregon Supreme Court · 1922
- Patterson v. SkoglundOregon Supreme Court · 1947
- Anderson v. SturmOregon Supreme Court · 1956
- Bradford v. BradfordOregon Supreme Court · 1940
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