Magee v. Holland
Supreme Court of New Jersey
This was an action of trespass on the case, brought in the Circuit Court of the County of Morris, and was tried before Justice Elmer, at January Term, 1857. The declaration claimed damages for forcibly, maliciously, and wrongfully seizing, taking, and carrying away the three infant children and servants of the plaintiff, and depriving him of their services, company, and affection for a long space of time, and obliging him to expend large sums of money in endeavoring to find…
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This was an action of trespass on the case, brought in the Circuit Court of the County of Morris, and was tried before Justice Elmer, at January Term, 1857. The declaration claimed damages for forcibly, maliciously, and wrongfully seizing, taking, and carrying away the three infant children and servants of the plaintiff, and depriving him of their services, company, and affection for a long space of time, and obliging him to expend large sums of money in endeavoring to find and recover possession of them. The plea was, not guilty. It was proved that the plaintiff’s second wife, who was the…
1Opinion of the Court
The opinion of the court was delivered by
Elmer, J.
Before the abolition of the tenure in chivalry, it was held, as a doctrine of the common law, that the ab-*94duel ion of his heir, was an injury for which the father might maintain an action, and recover, by way of damages, the value of his right of marriage. Reeves, in his work on the Domestic Relations, 293, suggests that inasmuch as all the children are heirs in this country, the action may be sustained for taking away any of them. But the damages for the abduction of the heir were restricted to the value of the marriage; and the father being…
2Cases cited12 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Ford v. MonroeNew York Supreme Court · 1838
- Hewit v. PrimeNew York Supreme Court · 1839
- Whitney v. HitchcockNew York Supreme Court · 1847
- Martin v. PayneNew York Supreme Court · 1812
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3Cited by17 opinions
- Nappe v. Anschelewitz, Barr, Ansell & BonelloSupreme Court of New Jersey · 1984
- Magierowski v. BuckleyNew Jersey Superior Court Appellate Division · 1956
- DiRuggiero v. RodgersCourt of Appeals for the Third Circuit · 1984
- Mancino Ex Rel. Mancino v. WebbSuperior Court of Delaware · 1971
- Stone v. WallSupreme Court of Florida · 1999
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