Wood v. Mathews
Supreme Court of Iowa
Appeal from -Delcmme District Court. The petition in substance alleges that on the 1st day of September, 1874, the defendant, Lewis Mathews, wrongfully and wickedly debauched and carnally knew Mary H. Wood, she then being plaintiff’s wife, by reason of which wrongful and wicked seducing and debauching the affection of plaintiffs’ wife for him has been wholly alienated and destroyed, and the plaintiff has wholly lost the comfort, society and assistance of his wife.
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Appeal from -Delcmme District Court. The petition in substance alleges that on the 1st day of September, 1874, the defendant, Lewis Mathews, wrongfully and wickedly debauched and carnally knew Mary H. Wood, she then being plaintiff’s wife, by reason of which wrongful and wicked seducing and debauching the affection of plaintiffs’ wife for him has been wholly alienated and destroyed, and the plaintiff has wholly lost the comfort, society and assistance of his wife. The answer denies these allegations of the petition. There was a jury trial, resulting in a verdict and judgment for plaintiff for…
1Opinion of the Court
Day, Ch. J.
Upon the trial of the cause the court instructed the jury as follows: “ 9. If you should find from the evidence that the defendant was not guilty of adultery with Mary Wood, while she was the wife of the plaintiff, but that he had alienated the affections of the wife from the plaintiff, then defendant would still be liable to the plaintiff for that act in such amount as you deem proper, in the instructions aforesaid, for the loss of the affection and society of his wife, as well as the breaking of the domestic relations of the plaintiff, if such you *410find the facts from the…
2Cited by12 opinions
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- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Jacobsen v. SiddalOregon Supreme Court · 1885
- Duff v. HendersonSupreme Court of Iowa · 1921
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