Bandfield v. Bandfield
Michigan Supreme Court
Error to Ionia; Davis, J. Case by Emma S. Bandfield against Charles A. Band-field for personal injuries. From a judgment for defendant on demurrer to the declaration, plaintiff brings error.
Read the full summary
Error to Ionia; Davis, J. Case by Emma S. Bandfield against Charles A. Band-field for personal injuries. From a judgment for defendant on demurrer to the declaration, plaintiff brings error. The declaration alleges that plaintiff and defendant were married November 19, 1879, and lived and cohabited together as husband and wife continuously until April 29, 1896; that defendant then deserted her, and that on February 9, 1897, she procured a decree of divorce from him; that about the month of October, 1893, defendant incurred a loathsome and incurable venereal disease, and communicated the same…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The sole question is: Can a wife maintain suit against her husband for a personal tort, committed upon her while they were living together as husband and wife ? We answered this question in the negative in the case of Wagner v. Wayne Circuit Judge, decided November 17, 1897. In that case the husband had uttered a gross libel against his wife. She brought suit by capias ad respondendum, and the proceedings were quashed by the circuit judge, for the reason that the wife could not maintain the suit against her husband. The wife applied to this court for the writ of…
2Cases cited9 opinions
- Abbott v. AbbottSupreme Judicial Court of Maine · 1877
- Peters v. PetersSupreme Court of Iowa · 1875
- Rice v. RiceMichigan Supreme Court · 1895
- Schultz v. . SchultzNew York Court of Appeals · 1882
- Artman v. FergusonMichigan Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Wait v. PierceWisconsin Supreme Court · 1926
- Marquis v. Hartford Accident & IndemnityMichigan Supreme Court · 1994
- People v. WakefordMichigan Supreme Court · 1983
- Roller v. RollerWashington Supreme Court · 1905
- Small Ex Rel. Balthis v. MorrisonSupreme Court of North Carolina · 1923
80 more not listed; retrieve them via the Exa API.