Nolin v. Pearson
Massachusetts Supreme Judicial Court
Tort for alleged criminal conversation with the plaintiff’s husband. Writ dated March 18, 1905. The declaration was as follows : “ 1st count.
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Tort for alleged criminal conversation with the plaintiff’s husband. Writ dated March 18, 1905. The declaration was as follows : “ 1st count. And the plaintiff says the defendant, contriving and wrongfully intending to injure the plaintiff and to deprive her of the comfort, society, aid and assistance of Philip Nolin, the husband of the plaintiff, and to alienate and destroy his affection for her, heretofore, viz. on or about the 10th day of December, 1904, and on or about the 17th day of December, 1904, and on or about the 27th day of January, 1905, and on or about the 4th and 5th days of…
1Opinion of the CourtBraley, J.
The early common law recognized and upheld the doctrine that for most purposes husband and wife formed a single person, represented by the husband, and as a consequence of this legal merger it has been said u that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband. . . . Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquire by the marriage,” and “ The wife . . . hath no separate interest in…
2Cases cited55 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
- Bennett v. . BennettNew York Court of Appeals · 1889
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
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3Cited by67 opinions
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Acuff v. SchmitSupreme Court of Iowa · 1956
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Lewis v. LewisMassachusetts Supreme Judicial Court · 1976
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
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