<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
You are thinking about a lawsuit for "Alienation of Affection." You have a good memory, and for names, because that is the exact name of the Plaintiff woman who sued her husband's paramour. The lawsuit took place in South Carolina, one of the few States that recognizes this Cause of Action. MO does not.
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I believe the case you are thinking about was Dorothy Hutelmyer and took place in Burlington, NC, not SC. There was a film made about the case. Since then, there has been quite a few cases heard in NC and the awards for damages are going up.. and up.. More importantly, the appeals court in NC upheld the award.
Most states did have an Alienation of Affection law, but it is not always used for the purpose of suing your ex's lover. When I looked this up when the poster last posted, I found many examples of cases dating back to the 18th century. Also that a women was successful in Salt Lake City using that same law which dated back to the 18th century.
The original Alienation of Affection law dates back to English common law when women were considered the mans property. A married woman's lover could be sued for monetary damages because he was interfering with the husband's so-called "property rights" in his wife. A bit like if some stole your cattle
Only about a dozen states permit such lawsuits, and only a handful of plaintiffs in a few states, Missouri, Mississippi, North Carolina and South Carolina, have won awards, but none as large as the original $1 million.
This type of case is extremely hard to win. Easier in NC, but very difficult elsewhere. You have to prove, that at the time of the ‘offence’ that you were truly and deeply in love with your spouse.
[This message has been edited by usdeeper (edited August 07, 2000).]