recognizing the “inherent and fatal contradiction in the term ‘alienation of affections’” and abolishing the legal cause of action in Iowa
How later courts described this case
- recognizing the “inherent and fatal contradiction in the term ‘alienation of affections’” and abolishing the legal cause of action in Iowa
- abolishing alienation of affections action because the theory is rooted in ideas that society has long since renounced
- "Of course it is our duty to monitor and interpret the common law, and to abandon antiquated doctrines and concepts. The genius of the common law is its flexibility and capacity for growth and adaption." (Citations omitted)
- abolishing the claim of alienation of affections
Written by the judges who cited it.
Distinguished
Distinguished by Kunnanz v. Tuff, 1982 N.D. LEXIS 261 (1982)
Funderman, supra, is distinguishable on the ground that it was decided on common law and not on the basis of a statute.
The opinion
ALLBEE, Justice
(concurring specially).
Because I believe the tort of alienation of affections to be an anachronism, I join division II of the court’s opinion abolishing that cause of action. The development of the common law includes the elimination of antiquated rights and remedies, and I am satisfied that the action abrogated today clearly falls within that class. I subscribe to the views expressed in the dissenting opinion in Bearbower v. Merry, 266 N.W.2d 128, 136-38 (Iowa 1978) (McCormick, J., dissenting); those views underlie my concurrence.