Legal Opinion

Duff v. Henderson

Supreme Court of Iowa

Decided June 25, 1921PublishedCited by 9 opinions

Appeal from Page District Court. — E. B. Woodruee, Judge. Aotion in two counts: one for alienation of affections and one for criminal conversation. The answer alleged that' plaintiff and his wife had since been divorced, at the instance of the wife. A demurrer to the allegations of the answer was overruled. Plaintiff elected to stand on his demurrer, and judgment ivas entered accordingly, and plaintiff appeals. —

1Opinion of the CourtFaville, J.

-I. The appellant’s petition is in two counts. In one count, he seeks to recover damages from the appellee for alienation of the affections of appellant’s wife. In a separate count of his petition, the appellant seeks to recover for damages for criminal conversation between the appellee and appellant’s wife. The appellee answered the said counts of the petition by alleging that the appellant was barred and estopped, under Section 3181 of the Code, from maintaining either of said alleged causes of action, for the reason that, after the alleged causes of action arose, the appellant’s then wife…

2Cases cited2 opinions

  1. Hamilton v. McNeillSupreme Court of Iowa · 1911
  2. Wood v. MathewsSupreme Court of Iowa · 1877

3Cited by9 opinions

  1. Allen v. LindemanSupreme Court of Iowa · 1967
  2. Jacobsen v. SanerSupreme Court of Iowa · 1955
  3. Sadleir v. KnaptonUtah Supreme Court · 1956
  4. Van Ellen v. MeyerSupreme Court of Iowa · 1973
  5. McGlothlen v. MillsSupreme Court of Iowa · 1936

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