Eliason v. Draper

Citations

• 25 Del. 1
• 2 Boyce 1
• 77 A. 572
• 1910 Del. LEXIS 62

Syllabus

<p>1. Husband and Wife — Alienation of Affections — Rights of Wife— Remedies.</p> <p>Since at common law a married woman could not maintain an action in tort without joining her husband, and the husband was not permitted to join his wife in an action for a tort in which he participated or for which he was partly responsible, a wife, though injured by the alienation of the affections of her husband by another woman, had no remedy therefor. ,</p> <p>2. Husband and Wife — Right to Consortium of Husband.</p> <p>The right to the consortium of the husband was recognized at common law as a right inherent in the wife, though not then enforceable in an action at law.</p> <p>3. Husband and Wife — Alienation of Affections — Wife’s Right to Sue.</p> <p>14 Del. Laws, c. 80, amended by 17 Del. Laws, c. 611 (Rev. Code 1852, amended to 1893, p. 600, c. 76), provides that a married woman, while living apart from her husband, may sue in her own name and for her own use for personal wrongs, torts, or private injuries. Held, that a married woman, living apart from her husband, and without joining him, was entitled under such act to sue another married woman, living apart from her husband, and without joining defendant’s husband, for defendant's alienation of the affections of plaintiff’s husband.</p> <p>4. Husband and Wife — Alienation of Affections — Right to Sue— “Property Right.”</p> <p>Since a married woman’s right to the affections of her husband is a “property right,” and the loss thereof constitutes an injury to the consortium, a married woman, though living with her husband, may, without joining her husband, sue another married woman for alienating the affections of plaintiff’s husband, under 14 Del. Laws, c. 550, providing that any married woman may prosecute and defend suits at law for the preservation and protection of her property as if unmarried.</p>