Kroessin v. Keller
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Stearns county, Searle, J., overruling a demurrer to the complaint. At common law the actions by a husband for enticing away his wife and for criminal conversation were distinct. The basis of the action for criminal conversation does not exist where the wife is plaintiff.
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Appeal by defendant from an order of the district court for Stearns county, Searle, J., overruling a demurrer to the complaint. At common law the actions by a husband for enticing away his wife and for criminal conversation were distinct. The basis of the action for criminal conversation does not exist where the wife is plaintiff. Doe v. Iioe, 82 Me. 503, 20 Atl. 83; Duffies v. Duffles, 76 Wis. 374, 45 N. W. 523. The acts relating to married women do not create any new cause of action. The wife had no cause of action at common law. See Winsmore v. G-reenbank, Willes, 577; Bigelow, Lead. Gas.…
1Opinion of the CourtColijas, J.
This is an action brought by a married woman against one of her own sex to recover damages, following, in <a general way, the common-law form of declarations in crim. con. A general demurrer to the complaint was overruled in the court belów, and by this appeal we are required to determine whether such an action can be maintained; the right to recover being based solely on alleged adulterous acts between plantiff’s husband and the defendant. It is to be noticed here that it is not alleged that the defendant was the seducer of the husband, or that plaintiff has been deprived of his support; nor…
2Cases cited6 opinions
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Haynes v. NowlinIndiana Supreme Court · 1891
- Warren v. WarrenMichigan Supreme Court · 1891
- Doe v. RoeSupreme Judicial Court of Maine · 1890
- Seaver v. AdamsSupreme Court of New Hampshire · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Doe v. DoeCourt of Appeals of Maryland · 2000
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Lockwood v. LockwoodSupreme Court of Minnesota · 1897
- Turner v. HeavrinCourt of Appeals of Kentucky · 1918
- Hart v. KnappSupreme Court of Connecticut · 1903
8 more not listed; retrieve them via the Exa API.