Williams v. Williams
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action by wife for alienating the affections of her husband and causing him to separate from and desert her; the defendant was the husband’s mother. Verdict .and judgment for plaintiff in the sum of 112,500. Defendant appeals.
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Appeal from the District Court of Arapahoe County. Action by wife for alienating the affections of her husband and causing him to separate from and desert her; the defendant was the husband’s mother. Verdict .and judgment for plaintiff in the sum of 112,500. Defendant appeals. The complaint, omitting the formal parts, is as follows : “ On or about the 9th day of July, 1888, in the state of New York, the plaintiff was lawfully married to one Edward L. Williams, who is the son of defendant. That at all times since said marriage the said Edward L. Williams and the plaintiff have been, and now…
1Opinion
ON PETITION FOR REHEARING.
1. It is urged for the first time upon this application for a *69rehearing that exemplary damages are not recoverable in this, action, because not specially declared for. The argument is that in this state, since the decision of Murphy v. Hobbs, 7 Colo. 541, exemplary damages are not allowable except upon statutory authority, and that statutory damages must always be specially declared for. Where a statute expressly provides for the recovery of damages equal to twice or three times the actual damages, as in case of waste, or wrongful levy upon exempt property, the…
2Cases cited7 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- French v. DeaneSupreme Court of Colorado · 1894
- Murphy v. HobbsSupreme Court of Colorado · 1884
- Hallack v. StockdaleSupreme Court of Colorado · 1890
- Race v. OldridgeIllinois Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.