Shadix v. Brown, 8 Div. 938

CourtSupreme Court of Alabama
Writing for the CourtSOMERVILLE, J.
Citation216 Ala. 516,113 So. 581
PartiesSHADIX v. BROWN.
Docket Number8 Div. 938
Decision Date30 June 1927

113 So. 581

216 Ala. 516

SHADIX
v.
BROWN.

8 Div. 938

Supreme Court of Alabama

June 30, 1927


Appeal from Circuit Court, Marshall County; W.W. Haralson, Judge.

Action by Lula Brown against Earl Shadix. From a judgment for plaintiff defendant appeals. Transferred from Court of Appeals, under Code 1923. § 7326. Affirmed. [113 So. 582]

E.O. McCord & Son, of Gadsden, for appellant.

Street & Bradford, of Guntersville, for appellee.

SOMERVILLE, J.

The first count of the complaint charges the seduction of plaintiff, "she being chaste at the time"; and the second count alleges that at the time of the seduction plaintiff was "then and there a chaste unmarried woman."

We are not called upon to determine whether a previously unchaste woman can maintain this action (see Smith v. Milburn, 17 Iowa, 30; Gemmill v. Brown, 25 Ind.App. 6, 56 N.E. 691; Love v. Masoner, 6 Baxt. [[[Tenn.] 24, 32 Am.Rep. 522; note to Bradshaw v. Jones [Tenn.] 76 Am.St.Rep. 668, 669); but, conceding that previous chastity is required, it is enough if the woman, though formerly unchaste, is chaste at the time of her seduction (Suther v. State, 118 Ala. 88, 24 So. 43; Weaver v. State, 142 Ala. 33, 39 So. 341). Hence both counts of the complaint are sufficient and not subject to demurrer in this respect, and both sufficiently allege that plaintiff was an unmarried woman.

The trial judge properly instructed the jury that:

"While the burden is on the plaintiff on the question of chastity, the presumption of law is that plaintiff was chaste prior to the alleged seduction, and, unless overcome by proof which the jury believe, plaintiff has discharged that burden." Suther v. State, 118 Ala. 88, 24 So 43; Smith v. State, 13 Ala.App. 399, 69 So. 402 Id., 193 Ala. 680, 69 So. 1020; Robinson v. Powers, 129 Ind. 480, 28 N.E. 1112; 35 Cyc. 1311; Id., 1314 [[[v]

Appellant's chief contention is that the evidence was not sufficient to show a seduction of plaintiff by defendant. This contention is based upon the theory that evidence of a courtship and of lovemaking, accompanied or followed by a definite promise of marriage to be consummated within a few weeks, followed by an act of intercourse, without any evidence of the conversation or conduct of the parties on that occasion, does not tend to show that plaintiff yielded herself to defendant because of any arts, deception, flattery, persuasion, or promise. This contention assumes that none of those wrongful influences can be deemed to have been in effective operation on the occasion of the sexual act unless it be shown that it was then and there, by present speech or action, used upon the plaintiff to induce her surrender. This theory of inducement is manifestly erroneous. [113 So. 583.]

The defendant's promise to marry the plaintiff at a definite time in the very near future, if made as she averred, was a continuing influence, which, it may be reasonably inferred, would be operative upon her mind and emotions so long as it remained unretracted. She was only 17 years of age; and, if the jury belived that she had been chaste and of good character up to that...

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10 practice notes
  • Seamons v. Spackman, No. 8670
    • United States
    • United States State Supreme Court of Idaho
    • July 6, 1959
    ...a consideration in the enhancement of damages. 79 C.J.S. Seduction § 25, p. 982; Sutherland on Damages, § 1283, p. 4966; Shadix v. Brown, 216 Ala. 516, 113 So. The trial court permitted plaintiff to place before the jury her alleged damage attributable to the pregnancy, fortified by relevan......
  • Phillips v. Ashworth, 7 Div. 859.
    • United States
    • Supreme Court of Alabama
    • October 10, 1929
    ...that a woman who has in time past been unchaste may be seduced, if she is chaste at the time of the alleged seduction. Shadix v. Brown, 216 Ala. 516, 113 So. 581, 583; Suther v. State, 118 Ala. 88, 24 So. 43; Weaver v. State, 142 Ala. 33, 39 So. 341. We approve the interpretation of seducti......
  • Mitchell v. State, 5 Div. 601
    • United States
    • Alabama Court of Appeals
    • January 23, 1962
    ...that the defendant was the father of the child. Kelly v. State, 133 Ala. 195, 32 So. 56, 91 Am.St.Rep. 25.' See also Shadix v. Brown, 216 Ala. 516, 113 So. Counsel argues strenuously the defense motion to exclude the evidence should have been granted since, counsel contends, there is no evi......
  • Green v. Commonwealth ex rel. Helms
    • United States
    • Court of Appeals of Kentucky
    • May 26, 1944
    ...Ky. 680] 1143; Ratzlaff v. State, 102 Okl. 263, 229 P. 278; State v. Anderson, 63 Utah 171, 224 P. 442, 40 A.L.R. 94; Shadix v. Brown, 216 Ala. 516, 113 So. 581. Overlock v. Hall, 81 Me. 348, 17 A. 169. It is common knowledge that children do not develop uniformly and it is difficult to see......
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9 cases
  • Seamons v. Spackman, No. 8670
    • United States
    • United States State Supreme Court of Idaho
    • July 6, 1959
    ...a consideration in the enhancement of damages. 79 C.J.S. Seduction § 25, p. 982; Sutherland on Damages, § 1283, p. 4966; Shadix v. Brown, 216 Ala. 516, 113 So. The trial court permitted plaintiff to place before the jury her alleged damage attributable to the pregnancy, fortified by relevan......
  • Phillips v. Ashworth, 7 Div. 859.
    • United States
    • Supreme Court of Alabama
    • October 10, 1929
    ...that a woman who has in time past been unchaste may be seduced, if she is chaste at the time of the alleged seduction. Shadix v. Brown, 216 Ala. 516, 113 So. 581, 583; Suther v. State, 118 Ala. 88, 24 So. 43; Weaver v. State, 142 Ala. 33, 39 So. 341. We approve the interpretation of seducti......
  • Mitchell v. State, 5 Div. 601
    • United States
    • Alabama Court of Appeals
    • January 23, 1962
    ...that the defendant was the father of the child. Kelly v. State, 133 Ala. 195, 32 So. 56, 91 Am.St.Rep. 25.' See also Shadix v. Brown, 216 Ala. 516, 113 So. Counsel argues strenuously the defense motion to exclude the evidence should have been granted since, counsel contends, there is no evi......
  • Green v. Commonwealth ex rel. Helms
    • United States
    • United States State Supreme Court (Kentucky)
    • May 26, 1944
    ...680 1917B, 1143; Ratzlaff v. State, 102 Okl. 263, 229 P. 278; State v. Anderson, 63 Utah 171, 224 P. 442, 40 A.L.R. 94; Shadix v. Brown, 216 Ala. 516, 113 So. 581. Overlock v. Hall, 81 Me. 348, 17 A. It is common knowledge that children do not develop uniformly and it is difficult to see ho......
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