Schultz v. Schultz, 36219

CourtUnited States State Supreme Court of Iowa
Writing for the CourtEVANS, J.
Citation210 N.W. 94,203 Iowa 910
PartiesMAMIE SCHULTZ, Appellee, v. ALFRED SCHULTZ, Appellant
Docket Number36219
Decision Date21 September 1926

210 N.W. 94

203 Iowa 910

MAMIE SCHULTZ, Appellee,
v.

ALFRED SCHULTZ, Appellant

No. 36219

Supreme Court of Iowa, Des Moines

September 21, 1926


REHEARING DENIED APRIL 7, 1927.

Appeal from Crawford District Court.--E. G. ALBERT, Judge.

Action at law for damages for alleged seduction, alleged to have been accomplished in September, 1919. The answer was a general denial. The defendant, as a witness, also denied all illicit relations with the plaintiff. There was a verdict for the plaintiff for $ 10,000, and judgment was entered thereon. The defendant appeals.

Reversed.

Conner & Powers, for appellant.

P. W. Harding, for appellee.

EVANS, J. DE GRAFF, C. J., and FAVILLE and MORLING, JJ., concur.

OPINION

EVANS, J.

The parties hereto bear the same family name, but they are in no degree related. The plaintiff charges the defendant with having sustained illicit relations with her on September 3, 1919, and with having induced her submission thereto by promise of marriage. The plaintiff was at that time an unmarried woman, 19 years of age. The defendant was a boy 17 years of age. The parties had never met prior to the date in [203 Iowa 911] question. Their acquaintance had been made only a few hours before the time of the alleged seduction. The occasion of their meeting was a public dance held in the town of Schleswig, as a part of the festivities attending a home-coming celebration during September 3d and September 4th. The plaintiff lived with her parents on a farm a few miles from Schleswig. The defendant likewise lived with his parents on a farm a few miles from the same town. The two farm homes were five or six miles distant from each other. The defendant came to town that day with an older brother, Otto. That evening, both boys attended the dance. This was the first dance which the defendant had ever attended. Sometime prior to this date, Otto had become acquainted with Nellie Schultz, an older sister of the plaintiff's. He met her at this dance. She introduced the defendant to the plaintiff. This was at 7 o'clock in the evening. Some hours were spent at the dance, in participation thereof. At about 12 o'clock, Otto asked the privilege of taking Nellie home. She suggested that the defendant accompany Mamie (the plaintiff), and such was the arrangement made. Otto and Alfred (defendant) had two young friends, who were to go home with them for the night (Kuhlman and Buck). So this party of six entered the automobile of Otto, and all went together to the home of the plaintiff, arriving there at about 12 o'clock, or very shortly thereafter. Otto and Nellie occupied the front seat; plaintiff and defendant occupied the back seat; and Kuhlman and Buck occupied the "jump seats" betwixt the two couples. Arriving at the home of the plaintiff, the two couples alighted from the automobile; Otto and Nellie went to the house; and plaintiff and defendant occupied a hammock hanging in the yard. The two young friends remained in the...

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