Herko v. Uviller

Defendant moves to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice upon the ground that it fails to state facts sufficient to constitute a cause of action.

The complaint alleges in substance that in or about the latter part of May, 1950, plaintiff’s wife was pregnant; that she consulted-with defendant (her uncle) for the purpose of aborting her pregnancy; that in opposition to plaintiff’s wishes and contrary to law, defendant performed, or caused to be performed, an abortion upon plaintiff’s wife; that said illegal abortion resulted in a termination of the pregnancy…