Legal Opinion

Messervy v. Messervy

Supreme Court of South Carolina

Decided May 20, 1909No. 7194PublishedCited by 10 opinions

Before Hydrick, J., Charleston, May, 1908. Action by Pearl C. Messervy against John W. Messervy and Adeline Messervy. The Circuit decree, overruling demurrer, is: “This is an action to recover damages of the defendants for maliciously enticing the plaintiff’s husband away from her and depriving her of. his comfort, society and aid.

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Before Hydrick, J., Charleston, May, 1908. Action by Pearl C. Messervy against John W. Messervy and Adeline Messervy. The Circuit decree, overruling demurrer, is: “This is an action to recover damages of the defendants for maliciously enticing the plaintiff’s husband away from her and depriving her of. his comfort, society and aid. “The defendants demur to the complaint on two grounds: 1. That it does not state facts sufficient to constitute a cause of action. 3. Because the husband of the plaintiff is not joined with her in the action. “Upon the right of the wife to maintain an action upon…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from an order overruling a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action.

The ord^r of his Honor, the presiding Judge, is affirmed for the reasons therein stated.

2Cited by10 opinions

  1. Russo v. SuttonSupreme Court of South Carolina · 1992
  2. Prosser v. ProsserSupreme Court of South Carolina · 1920
  3. Ryder v. Jefferson Hotel CompanySupreme Court of South Carolina · 1922
  4. Lopez v. WaldrumSupreme Court of Arkansas · 1970
  5. Lopez v. Waldrum EstateSupreme Court of Arkansas · 1970

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