Kansz v. Ryan

• Decision Date: 04 June 1879
• Citation: 1 N.W. 485,51 Iowa 232
• Parties: KANSZ v. RYAN ET AL
• Court: Iowa Supreme Court

1 N.W. 485

51 Iowa 232

KANSZ v. RYAN ET AL

Supreme Court of Iowa, Des Moines

June 4, 1879

Appeal from Des Moines District Court.

ACTION at law. A demurrer to the petition by defendant Scarff was sustained, and, plaintiff standing upon his petition judgment was rendered upon the demurrer, from which he appeals.

AFFIRMED.

T. J Trulock, for appellant.

J. C Power, for appellees.

OPINION

BECK, CH. J.

I. The first count of the petition alleges that the defendant Ann Ryan is the mother of plaintiff's wife, Agnes, and the other defendant is a practicing physician; that the defendant Ann induced plaintiff's wife to leave her house and visit her, and, in the language of the petition, "by threats and coaxing; by promises of reward; by exalting her pride, working upon her fears, has alienated the affection of plaintiff's wife, and restrained her and induced her to live separate and apart from her husband, without any just cause or provocation on the part of the plaintiff." It is alleged that defendant Scarff, after Agnes entered the house of said Ryan, aided and assisted her in her undertaking to disaffect the mind of the said Agnes, in this: "that defendants, together uniting, did produce a miscarriage upon plaintiff's wife, which was done to alienate her affections from plaintiff, and induce her to live apart from him, and that such miscarriage greatly impaired her health." It is averred that the acts of defendants did alienate the affections of the wife; that she continues to live separate and apart from plaintiff, and he has been deprived of her service, society and affections as a wife.

The second count of the petition claims to recover for the miscarriage caused by defendants, which, it is alleged, was accomplished by them for the purpose of destroying plaintiff's offspring. It is also alleged in this count that the wife's affections were alienated and health impaired by the miscarriage.

II. It will be observed that the act of defendant Scarff, whose liability only is brought in question by the demurrer, is charged to have been done after plaintiff's wife had left him, and was living with her mother. The petition alleges an abandonment of the plaintiff by the wife prior to the act of Scarff is causing the miscarriage, though that word is not used. It is alleged that her mother had alienated her affections, and induced her to live separate and apart from plaintiff. Then it is alleged...