Legal Opinion

Pollard v. Ward

Supreme Court of Missouri

Decided July 19, 1921PublishedCited by 11 opinions

Appeal from Linn Circuit Court. — Ho». Fred Lamb, Judge. (1) The husband has a right and a cause of action against a defendant, who lias had criminal conversation with his wife and who has debauched his wife, and this cause of action still exists notwithstanding plaintiff’s wife has secured a divorce by default in a divorce suit-against plaintiff.

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Appeal from Linn Circuit Court. — Ho». Fred Lamb, Judge. (1) The husband has a right and a cause of action against a defendant, who lias had criminal conversation with his wife and who has debauched his wife, and this cause of action still exists notwithstanding plaintiff’s wife has secured a divorce by default in a divorce suit-against plaintiff. Wales v. Minor, 89 Ind. 118; Wood v. Mathews,' 47 Iowa, 411; Dickerman v. Graves, 6 Cushing 308; Ratcliff v. Wales, 1 Hill, 63; Barney v. Adriance, 142 N. Y. Supp. 479; Burdey v. Robinson, 117 N. Y. Supp. 295; (2) The cause of action in the divorce…

1Opinion of the Court

The plaintiff recovered judgment in the the Circuit Court of Linn County, Missouri. A motion for new trial filed by defendant was sustained by the trial court, and from that order the plaintiff has appealed.

The petition charges that the plaintiff has been damaged because of criminal conversation of the defendant with the plaintiff's wife, and alienation of her affections. The answer of defendant, after a general denial, pleads estoppel. It alleges that the wife of the plaintiff, Hope Pollard, on February 24, 1917, instituted a divorce proceeding in Ray County, Missouri, against the plaintiff…

2Cases cited8 opinions

  1. Luke v. HillSupreme Court of Georgia · 1911
  2. Knickerbocker v. WorthingMichigan Supreme Court · 1904
  3. Michael v. DunkleIndiana Supreme Court · 1882
  4. Gleason v. KnappMichigan Supreme Court · 1885
  5. Sickler v. MannixNebraska Supreme Court · 1903

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Rediker v. RedikerCalifornia Supreme Court · 1950
  2. State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
  3. Sadleir v. KnaptonUtah Supreme Court · 1956
  4. Delta Realty Co. v. HunterSupreme Court of Missouri · 1941
  5. Hope v. TwarlingNebraska Supreme Court · 1924

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