Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-25
UNIQUE POINTS RAISED IN
WALKER RATCL|FFE SUI!
Judge Kelly's Opinion Placed on
Record in Supreme Court
Clerks Office.
NEW IN VIRGINIA PRACTICE
Parents May Advise Their Children
About Domestic Affairs, hut Must
Not he Actuatcd by Malice in
Separating Wife From Husband.

Parents may advise their children
about the domestic affairs OF the lat
Ter, but the parents must not be actu-
a'ed by malice in willfuily separating a
wife from her husband
This liz the salient point in the opin-
ION handed down by Judge Joseph L..
Kelly. OF the Virginia Supreme Court,
In upholdinG the verdict of jury in
inc Law and Equity Court Of Richmond
IN the Walker Radcliffe alienation suit
ne fui" laid down by Judge Kelly in
the hrst case of this nature passed
upon by the highest tribunal In Vir-
GINA applies with equal force To mem
DerS or the immediate family who
MAJ attempt TO interfere with the hap
pinesS OF sister ana her husband.
In December. 1913, Thomas Grant
" a!ker was awarded damages in tho
sum OF $4,000 against II. L. Radcliffe
ana Alice Ratclimc. his wife, and their
children. Frank, Iohn and Alice Rat
cliffe. The declaration charged the
formation and execution OF conspira cy
to ALLEVIATE from the ulaintiT the az
fections OF his wife. Elizabeth (Bettie)
Ratc!inc. daughter Of II. l.. and Alice
itatclife. and a sister Of the other de-
PENDANTS The RatCliTes secured n
writ OF error and the opinion of the
supreme Court was handed down at
the term held In Wytheville early this
ON was fled III the clerks office of the
supreme Court OF Appeals at Richmond
yesterday
MAIN FEATURES or
JUDGE: ki;I.I.Y'S OPINION
In brief. the Supreme Court hold,
| on features Of the case OF public In
,erest aside from those OF Il purely
! legal nature:
! |. Parents may advise their chill
! a ri q in ,ir., 4
out mourning liability for DAMAGES, II
, the advice he given in good faith and
prompted by worthy motives. even
| though sGch advice results in "A Separa-
| ton and estrangement OF husband and
wife.
2. Bad and improper motives will
not be presumed against parents. hut
must b" clearly proved. The burden
! is on the plaintiff to show that the
parent has been prompted by malice
! tho presumption being that It was due
! TO natural affection and n regard for
the best interests of the child.
3. When, however. Il IS made to APP
| pear by clear and satisfactory evidence
I that the parent has been actuated by
malice. and has wilfully interfered on
! that account, and not on account OF
the welfare Of the child. 10 bring abou,
separation, an action Will lie against
him for damages.
! 4. In an action for alienation Of aNcc-
tons, against several defendants, the
damage TO the plaintirf and not the
conspiracy was the gist Of the action
and verdict may he found agains,
two or more OF the defendants. If the
! charges OF conspiracy is sustained. anC
against one or more for individual re.
! sponsibiiity II no conspiracy is proved
SuSTAINS JUDGE CRUMP
! AT EVERY POINT
Judge Kelly's opinion sustains II
every particular the rulings of Judg,
| Beverly r. Crumr, VINO presided "a
! the trial in the Law and Equity Court
| on the instructions to the jury. II
J passing upon the question Of con.
! sp!racy. the Supreme Court quoted
! with approval Judge Crump's opinion
/ in everything motion b. the defend
ants attorneys TO set aside the verdict
OF the jury.
/ In entertaining style, Judge Kelly
reviewed the main facts brought out /,