Legal Opinion

Scott v. O'Brien

Court of Appeals of Kentucky

Decided May 12, 1908PublishedCited by 39 opinions

CASE 1 — ACTION BY VIRGTE O’BRIEN AGAINST FLORENCE SCOTT FOR ALIENATING THE AFFECTIONS OF HER HUSBAND. — May 12. Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS AND AUTHORITIES. 1. It is a valid defense to a suit by a wife for the alienation of her husband’s affections, that said husband voluntarily sought and endeavored to seduce defendant, without any direct intervention or effort on defendant’s part.

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CASE 1 — ACTION BY VIRGTE O’BRIEN AGAINST FLORENCE SCOTT FOR ALIENATING THE AFFECTIONS OF HER HUSBAND. — May 12. Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS AND AUTHORITIES. 1. It is a valid defense to a suit by a wife for the alienation of her husband’s affections, that said husband voluntarily sought and endeavored to seduce defendant, without any direct intervention or effort on defendant’s part. (15 Amer. and Eng. Enc. of Law, 865; 21 Cyc., 1621, 1st Enc. of Evidence, Ed. 1902, 760; 3rd Elliott on Evidence, 1643;…

1Opinion of the Court

Opinion op the Court by

Wm. Rogers Clay, Commissioner

— Reversing.

Appellee, Virgin 0 ’Brien, instituted this action against Florence Scott to recover damages for the alienation by the latter of her husband’s affections, and for the loss of his society and support resulting therefrom. The petition charges that the defendant by various “acts, devices, blandishments, and seductions alienated the love and affections of plaintiff’s husband, and destroyed the happiness of her home.” Appellant’s defense was a general denial. Upon trial of the case the jury awarded appellee damages in the sum of…

2Cases cited4 opinions

  1. Bailey v. BaileySupreme Court of Iowa · 1895
  2. Buchanan v. FosterAppellate Division of the Supreme Court of the State of New York · 1897
  3. Hart v. KnappSupreme Court of Connecticut · 1903
  4. Waldron v. WaldronU.S. Circuit Court for the Northern District of Illnois · 1890

3Cited by39 opinions

  1. Johns v. United StatesDistrict of Columbia Court of Appeals · 1981
  2. Pugsley v. SmythOregon Supreme Court · 1921
  3. Merritt v. CravensCourt of Appeals of Kentucky · 1916
  4. Moelleur v. MoelleurMontana Supreme Court · 1918
  5. Worth v. WorthWyoming Supreme Court · 1935

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