Legal Opinion

Prosser v. Prosser

Supreme Court of South Carolina

Decided April 13, 1920No. 10402PublishedCited by 15 opinions

Before Maurdin, J., Florence,-term,-. Action by Eola A. Prosser against James B. Prosser. From judgment dismissing the complaint on demurrer, plaintiff appeals. Messrs.

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Before Maurdin, J., Florence,-term,-. Action by Eola A. Prosser against James B. Prosser. From judgment dismissing the complaint on demurrer, plaintiff appeals. Messrs. Willcox & Willcox cite: As to the status of married women at common law: 13 R. C. L. 983. As tí, the general growth of remedial legislation: 13 R. C. L. 984; 15 S. C. 588. As to the changes in the law of South Carolina: Const, of 1868, art. XIV, sec. 8; Act of 1870, 14 Stat. at Large, p. 325; 7 S. C. 101; 12 S. C. 592; 14 S. C. 556; 15 S. C. 581; 16 S. C. 981; Act of 1882, limiting the capacity of a wife to contract by adding…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cage.

A wife sued her husband in tort for wilfully beating her, and the Circuit Court held that for such she had no cause of action. The complaint was dismissed on demurrer, the plaintiff has appealed, and the only question to be decided is the right of the wife in such circumstances.

The gravamen of the demurrer is: (1) That by the common law the wife had no such right; (2) that the legislature alone can give her such-right, and (3) that the legislature has not done so. The first and second postulates are pitifully true. The third postulate…

2Cases cited1 opinion

  1. Messervy v. MesservySupreme Court of South Carolina · 1909

3Cited by15 opinions

  1. Brown v. GosserCourt of Appeals of Kentucky (pre-1976) · 1953
  2. Hack v. HackSupreme Court of Pennsylvania · 1981
  3. Self v. SelfCalifornia Supreme Court · 1962
  4. Brandt v. KellerIllinois Supreme Court · 1952
  5. Price v. PriceTexas Supreme Court · 1987

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