Parker v. Newman
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by Artie Newman against Carrie Parker, for damages for alienating the affections of her husband. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by Artie Newman against Carrie Parker, for damages for alienating the affections of her husband. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act of April 18, 1911, p. 449. ■ The complaint was as follows: “Plaintiff * * * claims of the defendant * • * * the sum * * * as damages, and avers that the defendant, on sundry dates, beginning on or about the 7th day of January, 1915, contriving, wrongfully, wickedly, and unjustly intending to injure the plaintiff and to…
1Opinion of the CourtThomas, J.
This action is for the alienation of the affections of appellee’s husband.
[1] The complaint was a sufficient statement of the right of action.
[2] Defendant had the benefit, under the general issue, of the matter sought to be specially pleaded.
[3] The court committed no error in overruling defendant’s motion for a continuance on the ground that the interrogatories were' unanswered. Russell v. Bush, 71 South. 397 ; 1 Berthold & Jennings Lumber Co. v. Phalin Lumber Co., 71 So. 989 ; 2 Hass Lumber Co. v. Gibson, 172 Ala. 111, 54 South. 994, Ann. Cas. 1913D, 497. The plaintiff had all of the…
2Cases cited48 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Bennett v. . BennettNew York Court of Appeals · 1889
- Smith v. StateSupreme Court of Alabama · 1916
- Foot v. CardSupreme Court of Connecticut · 1889
- Ward v. StateSupreme Court of Alabama · 1856
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3Cited by43 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Bracy v. Sippial Elec. Co., Inc.Supreme Court of Alabama · 1980
- Stone v. StateSupreme Court of Alabama · 1922
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Young v. YoungSupreme Court of Alabama · 1938
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