McAlpin v. Gremmels
McAlpin v. Gremmels
Opinion of the Court
Appeal from an order overruling a demurrer to plaintiff’s complaint. The amended complaint covers 24 printed pages of the brief. The substance of the complaint is that plaintiff, since February 17, 1919, has -been and is a single and unmarried woman, and at all times previous to her' acquaintance and association with defendant was a chaste and virtuous woman ; that since- the latter part of October, 1918, when they first became acquainted, the defendant frequently visited plaintiff at her residence in Sioux Falls, and by means of protestations and promises of love and affection caused her to love and trust him, and by promises of marriage in the near future, and by the furnishing and use of intoxicating liquors, all with intent to debauch the plaintiff — setting forth the acts and protestations of defendant at great length, and with nauseating detail — the plaintiff was persuaded and induced to have sexual intercourse with defendant, and thereby became and now is pregnant.
The complaint fails to allege that plaintiff was unmarried at the time the alleged seduction was accomplished, and for that reason does not state a cause of action.
The order n-f the trial court overruling the demurrer is reversed.
Reference
- Full Case Name
- McALPIN v. GREMMELS
- Cited By
- 1 case
- Status
- Published