Hodgkinson v. Hodgkinson

CourtSupreme Court of Nebraska
Citation43 Neb. 269,61 N.W. 577
PartiesHODGKINSON ET UX. v. HODGKINSON.
Decision Date03 January 1895

43 Neb. 269
61 N.W. 577

HODGKINSON ET UX.
v.
HODGKINSON.

Supreme Court of Nebraska.

Jan. 3, 1895.



Syllabus by the Court.

An action is maintainable by a wife for such damages as she has sustained from desertion by her husband, against any person or persons who have brought about such abandonment.


Error to district court, Nemaha county; Broady, Judge.

Action by Sarah S. Hodgkinson against George Hodgkinson and Harriet Hodgkinson, his wife, for damages for inducing plaintiff's husband to abandon her and to refuse to support her. Judgment for plaintiff, and defendants bring error. Affirmed.

[61 N.W. 577]

E. W. Thomas and G. W. Cornell, for plaintiffs in error.

Stull & Edwards, for defendant in error.


RYAN, C.

The defendant in error recovered a judgment against plaintiffs in error in the district court of Nemaha county. The cause of action, as stated, was that plaintiffs in error had induced their son, her husband, permanently to abandon the defendant in error, and to refuse to provide for her support. In connection with the history of desertion brought about as aforesaid, there were allegations that plaintiffs in error had manifested the most determined and persistent disapproval of becoming grandparents, and that to prevent this consummation they had induced their son to attempt to procure an abortion, which had failed; whereupon defendant in error was driven from the house of plaintiffs in error, wherein, with her husband, she had previously been living, and the separation and abandonment complained of immediately followed. The evidence was very conflicting, but there was sufficient to sustain the averments of the petition. There was presented in the motion for a new trial a claim that, because of surprise, plaintiffs in error should have been granted a new trial. In support of this claim there seems to have been used certain affidavits, but, as there was no identification or preservation of them by bill of exceptions, they cannot be considered. No other error arising during the trial was presented or argued. The giving, and refusal to give, instructions afford no ground of complaint, for exception was taken only to a refusal to give one instruction requested, and the substantial part of that instruction was embodied in others given by the court on its own motion. It is contended, however, that this action was not maintainable by the defendant in error, and that, in any event, a recovery could only be had for the loss of services of the husband. In...

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7 practice notes
  • Woodhouse v. Woodhouse
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 7, 1925
    ...spouse the plaintiff has the burden of showing that the conduct complained of was actuated by malicious motives. Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N. W. 577, 27 L. R. A. 120, 47 Am. St. Rep. 759; Love v. Love, 98 Mo. App. 562, 73 S. W. 255; Lanigan v. Lanigan, 222 Mass. 198, 110 N. ......
  • Nolin v. Pearson
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 3, 1906
    ...A. 150, 51 Am. St. Rep. 360;King v. Hanson (N. D.) 99 N. W. 1085;Williams v. Williams, 20 Colo. 51, 37 Pac. 614;Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N. W. 577,27 L. R. A. 120, 47 Am. St. Rep. 759;Humphrey v. Pope, 122 Cal. 253, 54 Pac. 847;Beach v. Brown, 20 Wash. 266, 55 Pac. 46,43 L.......
  • Creason v. Myers, No. 83-039
    • United States
    • Supreme Court of Nebraska
    • June 8, 1984
    ...Larsen v. Larsen, 115 Neb. 601, 213 N.W. 971 (1927); Hansen v. Strohschein, 178 Neb. 367, 133 N.W.2d 598 (1965); Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N.W. 577 "Consortium" means comfort, society, love, and [217 Neb. 554] protection. See, Sowle v. Sowle, 115 Neb. 795, 215 N.W.......
  • Emerson v. Taylor, No. 33.
    • United States
    • Court of Appeals of Maryland
    • June 20, 1918
    ...examples: Bassett v. Bassett, 20 Ill. App. 543; Tucker v. Tucker, 74 Miss. 93, 19 South. 955, 32 L. R. A. 623? Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N. W. 577, 27 L. R. A. 120, 47 Am. St. Rep. 759; Gernerd v. Gernerd, 185 Pa. 233, 39 Atl. 884, 40 L. R. A. 549, 64 Am. St. Rep. 646; Westl......
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10 cases
  • Woodhouse v. Woodhouse
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 7, 1925
    ...spouse the plaintiff has the burden of showing that the conduct complained of was actuated by malicious motives. Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N. W. 577, 27 L. R. A. 120, 47 Am. St. Rep. 759; Love v. Love, 98 Mo. App. 562, 73 S. W. 255; Lanigan v. Lanigan, 222 Mass. 198, 110 N. ......
  • Nolin v. Pearson
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 3, 1906
    ...A. 150, 51 Am. St. Rep. 360;King v. Hanson (N. D.) 99 N. W. 1085;Williams v. Williams, 20 Colo. 51, 37 Pac. 614;Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N. W. 577,27 L. R. A. 120, 47 Am. St. Rep. 759;Humphrey v. Pope, 122 Cal. 253, 54 Pac. 847;Beach v. Brown, 20 Wash. 266, 55 Pac. 46,43 L.......
  • Nolin v. Pearson
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 3, 1906
    ...A. 150, 51 Am. St. Rep. 360; King v. Hanson (N. D.) 99 N.W. 1085; Williams v. Williams, 20 Colo. 51, 37 P. 614; Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N.W. 577, 27 L. R. A. 120, 47 Am. St. Rep. 759; Humphrey v. Pope, 122 Cal. 253, 54 P. 847; Beach v. Brown, 20 Wash. 266, 55 P. 46, 43 L. ......
  • Creason v. Myers, No. 83-039
    • United States
    • Supreme Court of Nebraska
    • June 8, 1984
    ...Larsen v. Larsen, 115 Neb. 601, 213 N.W. 971 (1927); Hansen v. Strohschein, 178 Neb. 367, 133 N.W.2d 598 (1965); Hodgkinson v. Hodgkinson, 43 Neb. 269, 61 N.W. 577 "Consortium" means comfort, society, love, and [217 Neb. 554] protection. See, Sowle v. Sowle, 115 Neb. 795, 215 N.W. 122 (1927......
  • Request a trial to view additional results

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