166 N.W. 639 | S.D. | 1918
This is an ¡appeal from an order overruling a ¡demurrer. The portion of the -complaint that is material on the appeal reads ¡as follows:
“That on the 15th --day of M-ay, 1916, and on -divers and other -days between that time and: -the -commencem-enit of this action, li-nichrdlimg the 28th -day of June, 1916, ¡said defendant wrongfully, wickedly, maliciously, and unjustly debauched and cann-a-lfy knew one Edina McAllphin, then and there ¡being and still being- the wife of -plaintiff, and thereby the affection of -said Edna McAlpbki far plaintiff was ali-en-ated and- ¡destroyed and the plaintiff -has -been ¡deprived -of -the -comfort, fello-w,s-h-ip, society, and ¡assistance of hi's -said wife ¡in his domestic affairs and has -been brought ¡inita dishonor and -disgrace to his ■ damage,” etc.
To ¡tlhliis -oomp-liaiiimt ¡defendant 'demurred on the grounds, first, that the c'ompllaliinit does noit 'State facts sufficient to constitute a Cause of action; -and, second, that ¡several ¡causes of action are improperly united.
Appeilant contends ¡that the complaint is b'a-d 'because it ¡do-es melt allege an intent on defendant’s part -to deprive plaintiff of the society, comfort, anld assistance of his wife, or that it was with -such intent ¡that 'defendant debaunched plaintiff’s wife and alienated her ¡affection from -plaintiff, ¡and for ¡the further reason ¡that -said complaint fails to negative the consent, connivance, or privity of plaintiff. Defendant further' contends ¡that the complaint is -baidi, because 'it fails to allege that, at the time of the alleged wrongful ¡acts, plaintiff and ¡lilis said wife were l-iving and cohabiting ¡togelthier, -or that plaintiff wa¡s¡ enjoying t-he affection, lo-v-e, comfort, society, and assistance of his- wife, 'and further contends that the 'Complaint falls to allege an-y acts by which the affection of -plaintiff’s' wife was alienated' or -destroyed!
The order -appealed from is affirmed.