Hunt v. Hunt
South Dakota Supreme Court
1ConcurrenceDunn, Justice
I would agree with the majority that the tort of criminal conversation has outlived its usefulness and should be abrogated, except as it may be shown as an essential element in breaking up a once stable marriage in an alienation of affections suit.
*823The only defenses to an action for criminal conversation are consent of the injured party and the statute of limitations. Bearbower v. Merry, 266 N.W.2d 128 (Iowa 1978); Fadgen v. Lenkner, 496 Pa. 272, 365 A.2d 147 (1976). No tort action should be allowed which does not afford a defendant the opportunity to interject logically valid defenses. The…
2Cases cited8 opinions
- Fadgen v. LenknerSupreme Court of Pennsylvania · 1976
- Bearbower v. MerrySupreme Court of Iowa · 1978
- Moberg v. ScottSouth Dakota Supreme Court · 1917
- Morey v. KellerSouth Dakota Supreme Court · 1957
- Holmstrom v. WallSouth Dakota Supreme Court · 1936
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