McMillan v. Taylor, 9254.
| Decision Date | 02 December 1946 |
| Docket Number | No. 9254.,9254. |
| Citation | 160 F.2d 221 |
| Parties | McMILLAN et al. v. TAYLOR et al. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Vergil D. McMillan, pro se.
Mr. Francis W. Taylor, pro se.
Before GRONER, Chief Justice, and EDGERTON and WILBUR K. MILLER, Associate Justices.
This is an appeal from an order of the District Court dismissing appellants' complaint. The action was begun by plaintiff as father and next friend of his two infant children. So far as it has any form at all, it may be said to follow that of an action by husband or wife for alienation of affections, and is one of half a dozen actions growing out of the marital difficulties of plaintiff and his wife. Taylor, appellee, was the wife's attorney in some of those actions and and their offshoots.
The lower court dismissed on the ground that such a cause of action is not recognized in the law.
This we think is correct and, accordingly, we affirm. See Morrow v. Yannantuono, 152 Misc. 134, 273 N.Y.S. 912; and see also our memo. of July 31, 1946, 160 F.2d 217, on another phase of this action.
Affirmed.
To continue reading
Request your trial
-
Bennight v. Western Auto Supply Co., 13838
...525 (1962); Whitcomb v. Huffington, 180 Kan. 340, 304 P.2d 465 (1956); Kane v. Quigley, 1 Ohio St.2d 1, 203 N.E.2d 338 (1964); McMillan v. Taylor, 160 F.2d 221 (D.C.Cir.1946, applying the law of the District of Columbia); Edler v. MacAlpine Downie, 180 F.2d 385 (D.C.Cir.1950, applying the l......
-
Wallace v. Wallace
...454, 190 P.2d 984; Coulter v. Coulter, 73 Colo. 144, 214 P. 400; Taylor v. Keefe, 134 Conn. 156, 56 A.2d 768; McMillan v. Taylor, 81 App.D.C. 322, 160 F.2d 221; Edler v. MacAlpine-Downie, 86 U.S.App.D.C. 97, 180 F.2d 385; Whitcomb v. Huffington, 180 Kan. 340, 304 P.2d 465; Nelson v. Richwag......
-
Miller v. Monsen
...that a child has no cause of action for enticement in a case such as this are such cases as McMillan v. Taylor, 81 U.S.App.D.C. 322, 160 F.2d 221; Rudley v. Tobias, 84 Cal.App.2d 454, 190 P.2d 984;Taylor v. Keefe, 134 Conn. 156, 56 A.2d 768;Morrow v. Yannantuono, 152 Misc. 134, 273 N.Y.S. 9......
-
Nelson v. Richwagen
...child in the present case has no right of action. Taylor v. Keefe, 134 Conn. 156, 56 A.2d 768. McMillen v. Taylor, 81 U.S.App.D.C. 322, 160 F.2d 221. Edler v. MacAlpine-Downie, D.C.Cir., 180 F.2d 385. Rudley v. Tobias, 84 Cal.App.2d 454, 190 P.2d 984. Morrow v. Yannantuono, 152 Misc. 134, 2......