Dailey v. Houston
Supreme Court of Missouri
Appeal from, Putnam Circuit Court. I. If Houston directed the assault to be made, or was present and knew that it was being made, prima facie it was done under coercion of the husband, and the wife cannot be held liable. (Meegan vs. Gunsolis, 19 Mo., 419; McKeon vs. Johnson, 1 McCord, 578 ; 52 Mo., 39 ; 46 Mo., 114; 8 Am. R., 422-5.) II.
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Appeal from, Putnam Circuit Court. I. If Houston directed the assault to be made, or was present and knew that it was being made, prima facie it was done under coercion of the husband, and the wife cannot be held liable. (Meegan vs. Gunsolis, 19 Mo., 419; McKeon vs. Johnson, 1 McCord, 578 ; 52 Mo., 39 ; 46 Mo., 114; 8 Am. R., 422-5.) II. In a joint action of husband and wife, for assault and battery on the wife, compensation for the loss of service cannot be included in the damages. (Hill. Torts, [2 Ed.] p. 694, § 1; Barnes vs. Martin, 15 WLs., 240.) I. The second instruction given by the…
1Opinion of the CourtVories, Judge
This action was brought to recover damages for an alleged assault and battery. The petition is as follows: “Plaintiffs state that the plaintiff, Mary Dailey, is the wife of the plaintiff, James Dailey, and that the defendant, Martha J. Houston, is the wife of the defendant, Aaron B. Houston ; that on or about the 15th day of June A. D. 1872, the defendant, Martha J. Houston, at the county of Putnam aforesaid, with force and arms, did unlawfully assault and beat the plaintiff, Mary Dailey (then and still being the wife of the plaintiff, James Dailey) with a stone, and then and there willfully,…
2Cases cited4 opinions
- Clements v. MaloneySupreme Court of Missouri · 1874
- McNamara v. KingIllinois Supreme Court · 1845
- Wagener v. BillNew York Supreme Court · 1855
- Meegan v. GunsollisSupreme Court of Missouri · 1854
3Cited by32 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Coleman v. AllenSupreme Court of Georgia · 1888
- Flesh v. LindsaySupreme Court of Missouri · 1893
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
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