Legal Opinion

Deitzman v. Mullin

Court of Appeals of Kentucky

Decided June 1, 1900PublishedCited by 16 opinions

Case 85 — Action fob Damages fob Alienation of Husband’s Affection APPEAL FBOM .TEFFEBSON CIBCUIT COUBT, COMMON PLEAS DIVISION. Judgment fob Defendant and Plaintiff Appeals. 1. A married woman has no property or contract right in the consortium of the husband, because if so it would be placed beyond the control of the State.

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Case 85 — Action fob Damages fob Alienation of Husband’s Affection APPEAL FBOM .TEFFEBSON CIBCUIT COUBT, COMMON PLEAS DIVISION. Judgment fob Defendant and Plaintiff Appeals. 1. A married woman has no property or contract right in the consortium of the husband, because if so it would be placed beyond the control of the State. Con. of Ky., sec. 19, 242; Rose v. Rose, 20 Rep., 417; Mitchell v. Violetit, 20 Rep., 378. 2. The husband’s right in the wife and the wife’s right in the husband are not correlative nor analogous. Schuler on Domestic Relations (4th ed.), secs. 44 and 45; 1 Biackstone’s…

1Opinion of the Court

Opinion of the court by

JUDGE PAYNTER

Reversing.

The question presented here is, can a married woman maintain an action against one who entices her husband from her, and alienates his affections? At common law marriage is considered in no other light than a civil contract, and the holiness of the matrimonial state is left entirely to the ecclesiastical law. The temporal courts consider unlawful marriage as a civil inconvenience. To punish or to annul unscriptural marriages is the province of the spiritual courts, which 'ct pro salute animae. 1 Bl. Comm., 432. The common láw recognizes the right…

2Cases cited5 opinions

  1. Bennett v. . BennettNew York Court of Appeals · 1889
  2. Foot v. CardSupreme Court of Connecticut · 1889
  3. Haynes v. NowlinIndiana Supreme Court · 1891
  4. Seaver v. AdamsSupreme Court of New Hampshire · 1889
  5. Warner v. MillerNew York Supreme Court · 1885

3Cited by16 opinions

  1. Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
  2. Giuliani v. GuilerKentucky Supreme Court · 1997
  3. Kotsiris v. LingCourt of Appeals of Kentucky (pre-1976) · 1970
  4. King v. HansonNorth Dakota Supreme Court · 1904
  5. Hoye v. HoyeKentucky Supreme Court · 1992

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