How to Plead a Criminal Conversation, Debauchery, or Seduction Tort, Circa 1878

From Estee’s Pleadings (1878 ed):

No. 372

For Criminal Conversation

[Title]

The plaintiff complains, and alleges:

I. That A.B. is, and at the times hereinafter mentioned was, the wife of the plaintiff.

II. That on or about the ___ day of ___, 187_ [the day or about the day the first act of adultery can be proved], and on other days after that day, defendant, wrongfully contriving and intending to injure the plaintiff, and to deprive him of the comfort, society, aid, and assistance of his wife [forcibly and without consent of the said A.B.], wickedly, willfully, and maliciously debauched and carnally knew the said A.B., without the privity or consent of the plaintiff.

III. That by means of the premises, the affection which the said A.B. theretofore had for the plaintiff was alienated and destroyed, and the plaintiff was deprived of the comfort, society, aid, and assistance which he otherwise would have had from the said A.B., and has suffered great distress of body and mind, to his great damage _____ dollars.

No. 373

For Enticing Away Plaintiff’s Wife

[Title]

The plaintiff complains, and alleges:

I. That A.B. is, and at the times hereinafter mentioned was, the wife of the plaintiff.

II. That on or about the ___ day of ____, 187_, while the plaintiff was living and cohabitating with and supporting her, at _________, and while they were living together happily as man and wife, the defendant, wrongfully contriving and intending to injure the plaintiff, and to deprive him of her comfort, society, and existence, maliciously enticed her away from the plaintiff’s and her then residence in ______, to a separate residence in ______, and has ever since there detained and harbored her, against the consent of the plaintiff.

III. That by reason of the premises , the plaintiff has been and still is wrongfully deprived by the defendant of the comfort, society, and aid of his said wife, and has suffered great distress of body and mind in consequence thereof, to his damage of _____ dollars.

No. 374 

For Debauching a Daughter

[Title]

The plaintiff complains, and alleges:

I. That said defendant, unjustly intending to injure said plaintiff, and to deprive him of the services and assistance of the daughter and servant of said plaintiff, did, on the ___ day of _____, 187_, and on divers other days between that day and the commencement of this action, debauch and carnally know the said ______________, then and there, and before and since, the daughter of the said plaintiff, whereby the said ______________ became pregnant and sick with child, and so remained for a long space of time, to wit, the space of nine months thence next following; at the expiration whereof the said _________ was delivered of the child with which she was pregnant as aforesaid.

II. That by means of the premises, the said _______________ for a long space of time, to wit [one year], was unable to do the needful business of the said plaintiff, he, the said plaintiff, so being the father and master of the said ________________, and the said plaintiff lost the services of the said _______________ during all that time; and the said plaintiff was put to great expense, and did pay out a large sum, to wit, the sum of _______ dollars, in and about the nursing and taking care of the said ___________________, his daughter and servant, and in and about the delivery of said child, to his damage in the sum of __________dollars.

No. 376

For Seduction, by the Female Seduced

[Title]

The plaintiff complains, and alleges:

I. That at the time of the commission of the grievances hereinafter mentioned, the plaintiff was and still is an unmarried woman, and at all times prior thereto had been chaste and virtuous.

II. That on the ____ day of _______, 187_, at ________________, the defendant, with force and violence, made an indecent assault upon the plaintiff, and then and there wickedly seduced, debauched, and carnally knew her, whereby she became sick and pregnant with child, and so remained for a long space of time, to wit, for the space of nine months; at the expiration of which time, and on the _____ say of ________, 187_, she was delivered of the child of which she was so pregnant.

III. That by reason of the premises, and in consequence of the seduction aforesaid, the plaintiff has suffered greatly in her health, and became sick, and was prevented for a long space of time, to wit,  for the space of _____ months, from attending to her ordinary business and affairs, and was greatly afflicted in body and mind, and has been put to great expense for medical attendance and nursing, and has otherwise been greatly injured, to her damage _________ dollars.

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