Legal Opinion

Davis v. Condit

Supreme Court of Minnesota

Decided January 23, 1914No. Nos. 18,332—(197)PublishedCited by 8 opinions

Action in the district court for Hennepin county to recover $20,-000. Erom an order, Steele, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

1Per curiam

Appeal from an order sustaining a demurrer to the complaint.

The complaint alleges that the defendant maliciously debauched and seduced the affianced wife of the plaintiff, and alienated her affections, and maliciously interfered with the marriage contract then subsisting, causing him properly to break it.

The common law gives the affianced husband no cause of action for the seduction of his affianced wife and no statute gives one. See Case v. Smith, 107 Mich. 416, 65 N. W. 279, 31 L.R.A. 282.

The right to recover for alienation of affections or for criminal *366conversation is a right arising from…

2Cases cited2 opinions

  1. Joyce v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
  2. Case v. SmithMichigan Supreme Court · 1895

3Cited by8 opinions

  1. Sawyer v. BaileySupreme Judicial Court of Maine · 1980
  2. Nelson Ex Rel. Nelson v. MelvinSupreme Court of Iowa · 1945
  3. Bacon v. St. Paul Union Stockyards Co.Supreme Court of Minnesota · 1924
  4. Conway v. O'BrienMassachusetts Supreme Judicial Court · 1929
  5. Stiffler v. BoehmNew York Supreme Court · 1924

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