Legal Opinion · Dissent

Gilbert v. Barkes

Kentucky Supreme Court

Decided March 25, 1999No. 97-SC-463-DGPublished

1DissentCooper, Justice

Having successfully purged the common law of the tort of alienation of affections in Hoye v. Hoye, Ky., 824 S.W.2d 422 (1992), the majority of this Court now consigns to oblivion yet another ancient tort, the breach of promise to marry. While I claim no affection for either of these musty causes of action, I do defend this Court’s obligation to apply the law with some degree of consistency, including the application of constitutional principles to ourselves the same as we apply them to the General Assembly. In Williams v. Wilson, Ky., 972 S.W.2d 260 (1998), a majority of this Court reiterated…

2Cases cited11 opinions

  1. Meyers v. Chapman Printing Co., Inc.Kentucky Supreme Court · 1992
  2. Williams v. WilsonKentucky Supreme Court · 1998
  3. Perkins v. Northeastern Log HomesKentucky Supreme Court · 1991
  4. Hensley v. Paul Miller Ford, Inc.Court of Appeals of Kentucky (pre-1976) · 1974
  5. Happy v. ErwinCourt of Appeals of Kentucky (pre-1976) · 1959

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