Legal Opinion

Greenwood v. Greenwood

Court of Appeals of Maryland

Decided March 19, 1868PublishedCited by 34 opinions

Appeal from the Circuit Court for Howard County. This was an action on the case, against the appellant, brought by the appellee, for the seduction of his daughter, under twenty-one years of age, per quod servitium amisit. This suit was instituted in the Circuit Court for Carroll county, and thence removed, upon the suggestion of the appellant, to Howard county, where it was tried before the Hon. Peter "Wi Crags*, Special Judge.

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Appeal from the Circuit Court for Howard County. This was an action on the case, against the appellant, brought by the appellee, for the seduction of his daughter, under twenty-one years of age, per quod servitium amisit. This suit was instituted in the Circuit Court for Carroll county, and thence removed, upon the suggestion of the appellant, to Howard county, where it was tried before the Hon. Peter "Wi Crags*, Special Judge. From the evidence adduced at the trial, it appeared that the appellant’s mother, who was a very aged woman, and the aunt of the appellee, early in 1861, sent to the…

1Opinion of the CourtMiller, J.

In this action by & father for the seduction of his daughter, under twenty-one years of age, per quod servitium amisit, the declaration avers the daughter was the plaintiff’s servant. In all such cases the loss of service being the gist of the action, the relation of master and servant at the time of the seduction must be averred in pleading and established by proof. About this there is no difficulty; all the well considered authorities agree that such an averment must be made and proved. The difficulty lies in determining what proof is necessary to sustain the averment. This is the point of…

2Cases cited7 opinions

  1. Hammond's Lessee v. InloesCourt of Appeals of Maryland · 1853
  2. Hooper v. Mayor of BaltimoreCourt of Appeals of Maryland · 1859
  3. Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
  4. Keller v. DonnellyCourt of Appeals of Maryland · 1853
  5. Davis v. Jacquin & PomeraitCourt of Appeals of Maryland · 1820

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3Cited by34 opinions

  1. Lutz v. StateCourt of Appeals of Maryland · 1934
  2. State v. GreenCourt of Appeals of Maryland · 2001
  3. Knill v. KnillCourt of Appeals of Maryland · 1986
  4. Rand v. RandCourt of Appeals of Maryland · 1977
  5. Frye v. FryeCourt of Appeals of Maryland · 1986

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