King v. Hanson
North Dakota Supreme Court
Appeal from District Court, Towner county; Cowan, J. Action by Irene C. King against Mary D. Hanson (now Mary D. Thompkins). Judgment for plaintiff. Defendant appeals. A wife cannot maintain an action against a person for alienating her husband’s affections, unless her husband has been enticed from her. The gist of the action is not the’loss of affection, but the loss of consortium.
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Appeal from District Court, Towner county; Cowan, J. Action by Irene C. King against Mary D. Hanson (now Mary D. Thompkins). Judgment for plaintiff. Defendant appeals. A wife cannot maintain an action against a person for alienating her husband’s affections, unless her husband has been enticed from her. The gist of the action is not the’loss of affection, but the loss of consortium. Betser v. Betser, 58 N. E. 249; Houghton v. Rice, 54 N. E. 843; Neville v. Gile, 54 N. E. 841; Humphrey v. Pope, 54 Pac. 847; Haynes v. Nowlin, 29 N. E. 389; 1 Bish. on Mar. & Div., sec. 1358; Ash v. Prunier, 105…
1Opinion of the CourtYoung, C. J.
The plaintiff, Irene C. King, brought this action to recover damages from the defendant, Mary D. Hanson, for the alleged alienation of the affections of her husband, Charles M. King, and the consequent loss of his society, support and protection. The jury awarded damages in the sum of $6,000. The defendant made a motion for a new trial upon a statement of case, in which she specified 186 alleged errors as grounds for the motion. This appeal is from the order overruling the motion.
Counsel for respondent submitted a preliminary motion to dismiss the appeal upon the grounds (1) that the order…
2Cases cited41 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Foot v. CardSupreme Court of Connecticut · 1889
- Price v. PriceSupreme Court of Iowa · 1894
- Tucker v. TuckerMississippi Supreme Court · 1896
- Carpenter v. PeopleNew York Supreme Court · 1850
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3Cited by33 opinions
- Lunsford v. MorrisTexas Supreme Court · 1988
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Fitzmaurice v. FitzmauriceNorth Dakota Supreme Court · 1932
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Tice v. MandelNorth Dakota Supreme Court · 1956
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