Legal Opinion · Dissent

Breiman v. Paasch

New York City Court

Decided July 15, 1879PublishedCited by 8 opinions

I. Special Term, July, 1879. Motion by defendant, to vacate an order of arrest. This action was brought by Caroline Breiman against Catharine Paasch, to recover 020,000 damages for enticing her husband from her. The complaint in the action was as follows, viz. : “ The complaint of the plaintiff respectfully shows to this court,— “I. That the parties to this action are residents of the city of Brooklyn. “II.

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I. Special Term, July, 1879. Motion by defendant, to vacate an order of arrest. This action was brought by Caroline Breiman against Catharine Paasch, to recover 020,000 damages for enticing her husband from her. The complaint in the action was as follows, viz. : “ The complaint of the plaintiff respectfully shows to this court,— “I. That the parties to this action are residents of the city of Brooklyn. “II. That the plaintiff is now, and has been for twenty years last past, the wife of one Johann Julius Hermann Breiman. “III. That in the month of October, 1877, and more particularly on the…

1Dissent

Neilson, Ch. J.—

The circumstances of this case are simple and significant. It appears that the plaintiff was living in harmony with her husband, enjoying his protection and support, and that the defendant enticed the plaintiff’s husband away, and caused a separation. For that alleged willful, malicious, and illegal act, the plaintiff brings the action to recover damages, and procures an order of arrest.

On this application to set aside that order two questions are presented: First, will the action lie ? If it will, was the defendant liable to arrest %

We have in this State no precedent for an…

2Cases cited5 opinions

  1. Longendyke v. LongendykeNew York Supreme Court · 1863
  2. Palmer v. . DavisNew York Court of Appeals · 1863
  3. Barton v. BeerNew York Supreme Court · 1861
  4. Van Arnam v. AyersNew York Supreme Court · 1877
  5. Delamater v. RussellNew York Supreme Court · 1850

3Cited by8 opinions

  1. Duffies v. DuffiesWisconsin Supreme Court · 1890
  2. Bassett v. BassettAppellate Court of Illinois · 1886
  3. Haynes v. NowlinIndiana Supreme Court · 1891
  4. Postlewaite v. PostlewaiteIndiana Court of Appeals · 1891
  5. Baker v. BakerNew York Supreme Court · 1885

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