Legal Opinion · Dissent

Felsenthal v. McMillan

Texas Supreme Court

Decided March 28, 1973No. B-3485Published

1DissentSteakley, Justice

The question here is whether the tort arising out of the offense known as criminal conversation will be recognized as actionable in Texas. I would not do so. I do not regard of particular significance whether or not we now have this right of action in Texas by adoption of the common law, as the majority says. If we have, I would abolish it.

We should recognize the offense of criminal conversation for what it is. The term “criminal conversation,” in its general and comprehensive sense, is synonymous with “adultery”; but in its more limited and technical signification it may be defined as…

2Cases cited9 opinions

  1. G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
  2. Kelsey-Seybold Clinic v. MacLayTexas Supreme Court · 1971
  3. Turner v. HeavrinCourt of Appeals of Kentucky · 1918
  4. Rheudasil v. ClowerTennessee Supreme Court · 1954
  5. Lisle v. LynchCourt of Appeals of Texas · 1958

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