Payne v. Williams
Decision Date | 31 December 1874 |
Citation | 63 Tenn. 583 |
Parties | W. J. Payne v. C. M. Williams and Wife. |
Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM DEKALB.
Appeal from the Circuit Court. SAMUEL M. FITE, Judge.
SAVAGE, for Complainant.
R?? CANT??ELL, for Defendants.
This is an action on the case brought by plaintiff against defendants for enticing away plaintiff's wife and persuading and procuring her to abandon him. Verdict and judgment were for defendants, and plaintiff has appealed. Plaintiff's wife is the daughter of defendants, young and inexperienced, and was secretly married to plaintiff against the wishes of her parents on one day, and was sent for on the next by her parents, the messenger telling her, her mother wanted her to return home and get her clothes. She returned to her father's house, and did not return again to her husband. On the next day her husband went after her, and she refused to go with him, and has ever since remained at her father's house. The bill of exceptions shows that plaintiff's evidence “tended to prove that plaintiff was poor, honest and industrious; of ordinary mind and understanding, and of good character, and that the father and mother of his wife had sent for her to get her clothes, and had induced her to stay with them, and separate from the plaintiff.” On the other hand, the evidence for defendant “tended to show that the plaintiff was a man with but little character and property, and addicted to drinking; of vulgar instincts, and had made indecent and improper remarks about his wife and his marriage; and that the marriage, on the part of his wife was hasty and improvident, and that defendant had left her free to stay with them or to go with Payne.”
The only questions arising in this Court are upon the correctness of the charge of the Court and upon his refusal to take charge as requested by the plaintiff. The Court charged the jury that “where a minor child, especially if very young, marries without consent of her parents and against their wishes, they may fairly, honestly and truthfully, without fraud or deception, advise such child, and if the child then, of her own free-will, determine to separate from her husband, and does so, and lives with the father, and is supported and maintained by him, and he has done nothing more to produce or keep up the separation than fairly, thoughtfully and honestly to give his opinion and advice to the daughter, and maintain and support her after the...
To continue reading
Request your trial-
Luick v. Arends
... ... 478, 14 S.W. 1085; 21 Cyc. 1625; ... Prettyman v. Williamson, 1 Penn. (Del.) 224, 39 A ... 731; Bennett v. Smith, 21 Barb. 439; Payne v ... Williams, 4 Baxt. 583; Smith v. Lyke, 13 Hun, ... 204; Holtz v. Dick, 42 Ohio St. 23, 15 Am. Rep. 791; ... Tasker v. Stanley, 153 ... ...
-
Boland v. Stanley
... ... circumstances detailed." See Burnett v ... Burkhead, 21 Ark. 77; Trumbull v ... Trumbull, 71 Neb. 186, 98 N.W. 683; Payne ... v. Williams, 63 Tenn. 583, 4 Baxt. 583, and other ... cases cited in Tiffany's Persons & Domestic Rel., p. 77, ... note 116; Brown v. Brown, ... ...
-
Lentz v. Baker
...the question of damages in an alienation of affections suit." Donnell, 220 Tenn. (24 McCanless) at 176, 415 S.W.2d at 131; Payne v. Williams, 63 Tenn. 583 (1874). It is a question for the jury as to whether a plaintiff lost the affection of his or her spouse prior to defendant's interferenc......
-
Beisel v. Gerlach
... ... in all jurisdictions: Burnett v. Burkhead, 21 Ark ... 77; Nevins v. Nevins, 68 Kan. 410; Zimmerman v ... Whiteley, 134 Mich. 39; Payne v. Williams, 63 ... Tenn. 583; Tucker v. Tucker, 74 Miss. 93; Reed ... v. Reed, 6 Ind. Appeal, 317; Bennett v. Smith, ... 21 Barb. (N.Y.) 439; ... ...