Farrell v. Farrell

• Decision Date: 20 January 1920
• Citation: 108 A. 648
• Parties: FARRELL v. FARRELL et al.
• Court: Maine Supreme Court

108 A. 648

FARRELL

v. FARRELL et al.

Supreme Judicial Court of Maine.

Jan. 20, 1920.

Exceptions from Supreme Judicial Court, Aroostook Comity, at Law.

Action by Ruby M. Farrell against Elbridge G. Farrell ami another. The court granted a motion by the named defendant to dismiss as to him, and the plaintiff brings exceptions. Exceptions overruled.

Argued before SPEAR, HANSON, PHILBROOK, MORRILL, and DEASY, JJ.

Joseph E. Hall, of Caribou, and Shaw & Thornton, of Houlton, for plaintiff.

O. L. Keyes. of Caribou, and Pattangall & Locke, of Augusta, for defendants.

PHILBROOK, J. This is an action brought by a married woman against the father and mother of her husband, alleging alienation of the affections of the husband. The father presented a motion to dismiss as to him, on the ground that neither tinder authority of common law nor statute could such an action by a married woman be maintained against a male defendant. The motion was granted, and exceptions were allowed to the plaintiff.

The ruling was correct. R. S. c. 66 § 7. Prior to the enactment of this statute it married woman could not maintain such an action, and it is only to the extent of enlarged powers and rights given by this statute that she may now bring her action against a female defendant. The statute, being in derogation of the common law, must be Strictly const rued.

Exceptions overruled.