Buckel v. Suss
The Superior Court of the City of New York and Buffalo
Action by Elizabeth Buckel against Anna Suss for enticing away plaintiff’s husband. Judgment for defendant. Motion for new trial. Plaintiff alleges that the acts complained of took place while she and her Husband were living and cohabiting as man and wife.
1Opinion of the CourtMcAdam, J.
The plaintiff is concluded by the nature of her action as set forth in the complaint, which is for “enticing away the plaintiff’s husband, ” and the form of complaint used is that found in 1 Abb. Forms, p. 504, Ho. 608. It is not for “crim. con.” in which the words “debauched and carnally knew” are necessary allegations. McCall, Forms, (3d Ed.) p. 270, Ho. 435; 1 Abb. Forms, p. 504, Ho. 609. So considered, the plaintiff is without a cause of action, for, according to her own testimoney, she cohabited with her husband, until, by the advice of her counsel, she left his home, hired rooms in…
2Cases cited7 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Bennett v. . BennettNew York Court of Appeals · 1889
- Frear v. . SweetNew York Court of Appeals · 1890
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Allen v. AffleckNew York Court of Common Pleas · 1882
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3Cited by3 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Buckel v. SussThe Superior Court of the City of New York and Buffalo · 1893
- Hendrick v. BiggarNew York Supreme Court · 1910