Mercer v. Walmsley
Court of Appeals of Maryland
Appeal from Cecil county court. This was an action on. the case, brought by the appellee against the appellant. The declaration stated—“That whereas the said John * ' contriving, and wrongfully an.^l unjustly intending* to injure the said William Walmsley, and to deprive him of the service and assistance of Margaret Walmsley, the dapghter and servant of him the said W. heretofore, to wit, on the 1st day of July 1816, and on divers other (Jays and times between that day and…
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Appeal from Cecil county court. This was an action on. the case, brought by the appellee against the appellant. The declaration stated—“That whereas the said John * ' contriving, and wrongfully an.^l unjustly intending* to injure the said William Walmsley, and to deprive him of the service and assistance of Margaret Walmsley, the dapghter and servant of him the said W. heretofore, to wit, on the 1st day of July 1816, and on divers other (Jays and times between that day and the day- of issuing forth the original writ in this cause, at Cecil county aforesaid, debauched and carnally knew the…
1Opinion of the CourtBuchanan, J.
*31The objection, that an’action on the case will not lie -by a father for debauching and getting his daughter with child, per quod servitium ami'sit, cannot be maintained either on principle or authority. "Where a man illegally enters the house of another, and debauches his daughter, the father may have an action of trespass quare clausumfregit, and lay the debauching of his daughter, and loss of her services as consequential; or he may at his election, bring an action on the case for debauching Ills daughter, per quod servitium amisit; but for merely debauching a man’s daughter, unaccompanied…
2Cited by7 opinions
- Greenwood v. GreenwoodCourt of Appeals of Maryland · 1868
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Hussey v. RyanCourt of Appeals of Maryland · 1886
- Malone v. TopferCourt of Appeals of Maryland · 1915
- Bullett v. WorthingtonHigh Court of Chancery of Maryland · 1851
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