Dixon v. Amerman
Massachusetts Supreme Judicial Court
Tort by one woman against another for criminal "conversation with the plaintiff’s husband and consequent loss by the plaintiff of his society. Writ dated February 17, 1899. In the Superior Court the executor under the will of the defendant, who had been cited in and appeared specially, suggested the death of the defendant since the bringing of the action, and moved that the action be dismissed.
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Tort by one woman against another for criminal "conversation with the plaintiff’s husband and consequent loss by the plaintiff of his society. Writ dated February 17, 1899. In the Superior Court the executor under the will of the defendant, who had been cited in and appeared specially, suggested the death of the defendant since the bringing of the action, and moved that the action be dismissed. The motion was heard by Braley, J., who granted the motion and made an order that the action be dismissed; and the plaintiff alleged exceptions.
1Opinion of the CourtHolmes, C. J.
This was an action by a wife against another woman alleging adultery with the plaintiff’s husband and consequent loss of his society. See Neville v. Gile, 174 Mass. 305; Houghton v. Rice, 174 Mass. 366. The defendant died, the Superior Court dismissed the action on motion, and the plaintiff appealed. The only question-is whether the action survives by force of Pub. Sts. c. 165, § 1, (R. L. c. 171, § 1,) as an action “ of tort for assault, battery, imprisonment or other damage to the person.”
It would seem that nothing could make it plainer than the words themselves do that this case is not…
2Cases cited6 opinions
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Houghton v. RiceMassachusetts Supreme Judicial Court · 1899
- Cummings v. BirdMassachusetts Supreme Judicial Court · 1874
- Neville v. GileMassachusetts Supreme Judicial Court · 1899
- Garrison v. BurdenSupreme Court of Alabama · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Putnam v. SavageMassachusetts Supreme Judicial Court · 1923
- Harrison v. Loyal Protective Life InsuranceMassachusetts Supreme Judicial Court · 1979
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
4 more not listed; retrieve them via the Exa API.