Wheeler v. Price

Decided December 13, 1898

Supreme Court of Rhode Island · decided 1898-12-13

Trespass for the abductiou of the plaintiff’s daughter. Certified from the Common Pleas Division and heard on substantial demurrer to the declaration.

Cited by 2 later decisions — most recently June 1959

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1898-12-13

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Per Curiam.

¶1 (1) This is an action of trespass for the abduction of the plaintiff’s daughter. The defendants demur to *100 the declaration, the ground of the demurrer being that the action should have been case and not trespass. Though the action might have been brought in case, trespass is also an appropriate remedy. 1 Chit. Pl. 16 Am. ed. 188; Chamberlain v. Hazelwood, 5 M. & W. 515; Ditcham v. Bond, 2 Mau. & Sel. 436; Hoover v. Heim, 1 Watts, Pa. 62.

Thomas H. Peabody, 'Nathan B. Leiois, and Warren W. Chase, for plaintiff. Albert B. Crafts, for defendants.

¶2 Demurrer overruled, and case remitted to Common' Pleas Division for further proceedings.