Legal Opinion

Gibson v. Gibson

Wisconsin Supreme Court

Decided August 15, 1877Published

APPEAL from the Circuit Court for Monroe County. The case is stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff.

1OpinionRyan, C. J.

The motion for rehearing is as valuable to the court as to counsel. First impressions of the court may well be wrong; and just criticism of counsel is invaluable in the *32administration of justice. Such criticism is always welcome to us, when made, as in this case, with courteous ability and learning.

The learned counsel frankly concedes the rule at common law, which is indeed beyond question, that the husband is a necessary plaintiff in an action for tort to the wife before marriage. The question, therefore, turns entirely upon the construction of the statute, securing to the wife the real and…

2Cases cited7 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. Comegys v. VasseSupreme Court of the United States · 1828
  3. People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
  4. In re the Motion to admit Goodell to the Bar of this CourtWisconsin Supreme Court · 1875
  5. McKee v. . JuddNew York Court of Appeals · 1855

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