Rott v. Goehring
North Dakota Supreme Court
Appeal from District Court of Logan County, Nuessle, J. From a judgment in plaintiff’s favor, defendant appeals. Tbe complaint does not charge adultery or abandonment. His affections may have been alienated, but that is not a substantive cause of action; it is merely an aggravation of damages, for the loss of consortium. Neville v. Gile, 174 Mass. 305, 54 N„ E. 841; Bigaouette v. Paulet, 134 Mass. 123, 45 Am. Rep. 307; Evans v. O’Connor, 174 Mass. 287, 75 Am.
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Appeal from District Court of Logan County, Nuessle, J. From a judgment in plaintiff’s favor, defendant appeals. Tbe complaint does not charge adultery or abandonment. His affections may have been alienated, but that is not a substantive cause of action; it is merely an aggravation of damages, for the loss of consortium. Neville v. Gile, 174 Mass. 305, 54 N„ E. 841; Bigaouette v. Paulet, 134 Mass. 123, 45 Am. Rep. 307; Evans v. O’Connor, 174 Mass. 287, 75 Am. St. Rep. 316, 54 N. E. 557; Lellis v. Lambert, 24 Ont. App. Rep. 653; Webber v. Benbow, 211 Mass. 366, 97 N. E. 758. In such cases, the…
1Opinion of the Court
Fisk, Ch. J.
Plaintiff had judgment in the court below for $1,500 and costs; and defendant has appealed, alleging insufficiency of the evidence and errors of law.
Counsel differ as to the nature of the action, appellant’s counsel stating that it is for alienation of affections alone, while respondent’s counsel assert that it is both for alienation of affections and for criminal conversation. In our judgment it matters little which is technically correct, for in this jurisdiction forms of action are expressly abolished,— § 7355 Comp. Laws, — and if the facts alleged in the complaint, when…
2Cases cited13 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Foot v. CardSupreme Court of Connecticut · 1889
- Clow v. ChapmanSupreme Court of Missouri · 1894
- Scott v. O'BrienCourt of Appeals of Kentucky · 1908
- King v. HansonNorth Dakota Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
- Ferguson v. FergusonNorth Dakota Supreme Court · 1972
- Oppenheim v. . KridelNew York Court of Appeals · 1923
- Tice v. MandelNorth Dakota Supreme Court · 1956
14 more not listed; retrieve them via the Exa API.