Roberts v. Connelly
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. This was an action brought by the defendant in error, against the plaintiff in error, for the seduction of the daughter of the defendant.
Read the full summary
Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. This was an action brought by the defendant in error, against the plaintiff in error, for the seduction of the daughter of the defendant. On the trial, a bill of exceptions was sealed by the presiding judge, which presents the following facts: The defendant in the court below, offered evidence tending to show, that the plaintiff was a woman of profligate principles, and dissolute habits, and was a common prostitute, and had been from the year 1835, or 1836, up to the time of trial, and has kept a house in Montgomery for many…
1Opinion of the CourtDargan, J.
The question is settled beyond all doubt,. *239that an action on the case for the seduction of a daughter, cannot be sustained, upon the relation of parent and child ; but can be maintained by the parent only, on the relation of master and servant. See Greenl. Ev. § 574; 9 John. 387; 5 Cowen, 106; 8 S. & R. 36; 3 Dev. & Bat. 44; 2 Watts, 474.
But this relation of master and servant is sufficiently established, if it appear that the parent, at the time of the seduction, had the legal right to control, or command the services of the daughter, and it is not necessary to prove actual service rendered…
2Cases cited2 opinions
- Martin v. PayneNew York Supreme Court · 1812
- South v. DennistonSupreme Court of Pennsylvania · 1834
3Cited by10 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Young v. YoungSupreme Court of Alabama · 1938
- Reutkemeier v. NolteSupreme Court of Iowa · 1917
- Comer v. TaylorSupreme Court of Missouri · 1884
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.