Southworth v. Packard
Massachusetts Supreme Judicial Court
This was a writ of error, brought to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees, appointed pursuant to the statute of 1786, c. 21. The demand made by Packard against Southworth, which was annexed to the submission, was for “ abuse done to Packard's wife.”
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This was a writ of error, brought to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees, appointed pursuant to the statute of 1786, c. 21. The demand made by Packard against Southworth, which was annexed to the submission, was for “ abuse done to Packard's wife.” The referees reported that Packard should recover of Southworth, as damage for his abuse of Packard’s wife, the sum of 50 dollars, and all costs of prosecution accrued in consequence of the same taxed at 40 dollars 48 cents.
1Opinion of the Court
Curia.
The objection to the bill of costs should have been made at the Common Pleas, when the report was made and the costs were taxed. We must presume them to be the regular costs of this process. As to the objection, that the wife has not joined in the demand, there may have been an injury to the wife, for which the husband was entitled to his separate action; and whether such was the fact here or not, for any species of the injury to the wife, the husband may release the damages ; and the judgment complained of will be a good bar to a joint action, by husband and wife, for the same cause.
Jud…
2Cited by10 opinions
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- Dimmey v. Wheeling & E. G. RailroadWest Virginia Supreme Court · 1885
- Pennsylvania Railroad v. GoodenoughSupreme Court of New Jersey · 1893
- Mann v. MarshNew York Supreme Court · 1861
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