Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-01-07
Decisions

lThe following notes q cases ars
from the West Publishing Company.
st. Paul. Mimi
ALIENATION OF LOVE-
That the giving OF advice and in
structions by parents Of a husband to
| their daughter!n-la law does not always
promote welfare and happiness Is
brought out in the case Of Helslcr vs..
Heisler. l:7 Northwestern Reporter.
e23. The action Is brought by the wife
against her husbands parents for
alternating her husbands love and at
fections. PLAINTIFF was a telephone
operator and city-bred bril- when she
met her future husband. who was a
Dutch farmer boy named While. In
the course OF time. after the necessary
| prelirninaries, they were married. and
the young wife was brought home to
live with the ''old folks" Unhappily.
6owever. the folks" were displeased
! with their boys choice and the fght
began. Father would have liked II
better IL Willie had married big
Dutch girl" who could have worked in
the fields and husked corn. and worst
OK All sue COuluH Hldhe SOOO SducE"
kraut. Mother didn't like her cooking.
found fault with the new arrangement
OF the furniture. with her raising too
many chickens. and with her foolish
counsel to While in the operation Of the
(, farm. Neither Of the folks" extended
!! any sympathy or encouragement to
!; their daughter-in-law. but, on the con-
| trary were always inclined to criti-
else. The result OF all this was that
Willie had gradually began to think
that he had made a poor "pick" In
choosing mate. He began to. dislike
her, soon hated her. and his heart so
hardened that on one occasion he cru
ely beat her, whereupon she left them
ALL presumably to Ego home to moth
ler" She brought an action for divorce
which was granted. and then brought
/; this action against the parents OF her
divorced husband TO recover damages
for alternating WilfIe's love. The SUI
preme court Of Iowa holds that parents
! by reason Of their natural obligation to
| their child may counsel him as to his
welfare and that OF his wife, providing
/ that they do not act maliciously. AS to
the charge against the father in con-
demning the sauer kraut the court said:
1.-THE kraut may have been indigestible,
the quality Of kraut necessarily have
bearing on the state Of the affections"
! The court decided that no liability
could be attached to him, but as to the
mother. the evidence showed that she
had deliberately undermined Willie's at
, fections for his wife, The lower court al
lowed $1,000 damages but the supreme
court held the verdict excessive, reduc-
ing 1t to $4,000. AS to damages. tn
concluding, the court said: 1T does
not appear that plaintiffs health has
been permanently impaired by the loss
nor can the loss of Willie as husband
be deemed very great when weighed
in the scales of justice. A man, who.
] instead Of resenting unfounded insinu-
atoms against his wife. even when
made by his mother. will HE himself
| to the hayritW to weep, and then abuse
her whom he has ,prsmised to protect.
is hardly worth qdarelling over. But
plaintiff liked him, and Is entitled to the
damages suffered because of the aliena-
ton Of such affection as. he was cap.
able Of entertainin1F
| LARCENY-CIvIL ACTION.
Code Pub Gen. Laws. art. q. Sec
ton PSI. provides that every person
convicted Of larceHW II the value Of IS
or upwards shall restore the money,
goods, or thing taken to the owner, or
pay him the full valQe thereof, and be
sentenced to the penltentiary. A GRIM
| inal prosecution was pending at the
time of the commencement of civil
action to recover money stolen and the
question arose as to whether the above
statute barred civil remedy institute
ed before conviction. The court held
in Downs VS.. mayor of Baltimore, IS
Atlantic Reporter. SCI. that the pro-
vision for the retuzn of goods or value,
while ap art OF the JUDGMENT in
prOsecutiop.-l part OF the sen
telce, and is merely intended to OBJ
viate the necessity Of recourse to a
civil suit, AID hence such section old
not create an exclusive Jurisdiction for
the recovery of stolen property. nor
,prevent the maintenance of a civil &C
ton against the thief therefor. After
citing article 9, chapter SO. of the same
code, providing that it is necessary to
the claim Of an attachment that the
defendant is bona fide indebted to
plaintiff in the sum stated In the az
fdavit over and above all discounts. 1t
was held further~that attachment was
la proper remedy, as a person who
steals money from another is indebted
to him within such section and under a
quasi contractual obligation to return
the funds so wrongfully taken.
Troubles Minimlzed.
A clever man turns great troubles
into little ones and little ones into