FUNDERMANN v. MICKELSON

No. 65064.

304 N.W.2d 790 (1981)

Theodore P. FUNDERMANN, Appellee, v. Gordon MICKELSON, Appellant.

Supreme Court of Iowa.

As Amended May 6, 1981.

Rehearing Denied May 7, 1981.


Attorney(s) appearing for the Case

Robert E. Beebe and Michael W. Ellwanger of Kindig, Beebe, Rawlings, Nieland & Killinger, Sioux City, for appellant.

John T. O'Brien and Thomas S. Mullin of O'Brien & Galvin, Sioux City, for appellee.

Considered en banc.


HARRIS, Justice.

We have become convinced that there is inherent and fatal contradiction in the term "alienation of affections." The alienation belies the affection. Suits for alienation are useless as a means of preserving a family. They demean the parties and the courts. We abolish such a right of recovery and, hence, reverse and set aside the trial court's judgment.

It is scarcely necessary to relate the facts. As is typical, there was ample defense evidence...

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