Howard v. Trustees of Whetstone Township
Ohio Supreme Court
This is a writ of error to the court of common pleas of the county of Crawford. The original action was assumpsit, brought by the trustees of Whetstone township, against Howard, the plaintiff in error, for meat, drink, lodging, and other necessaries furnished by the township to and for the use of Joanna Howard, his wife. The declaration contains the appropriate common counts.
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This is a writ of error to the court of common pleas of the county of Crawford. The original action was assumpsit, brought by the trustees of Whetstone township, against Howard, the plaintiff in error, for meat, drink, lodging, and other necessaries furnished by the township to and for the use of Joanna Howard, his wife. The declaration contains the appropriate common counts. To the declaration the defendant pleaded the general issue, and the cause was tried by a jury, at the April term of the court of common pleas, 1839. The jury returned a verdict in favor of the plaintiff for S21.62J, for…
1Opinion of the CourtHitchcock, J.
The first error assigned in this case is, that the court of common pleas refused to nonsuit the plaintiffs. This bill of exceptions shows that the plaintiff in error, by barbarous and 368] cruel treatment, drove his wife from her home, ^thrusting her upon the world to take care of herself, and rendering it unsafe for her to reside with her own family. The husband is bound-to provide his wife with necessaries during coverture, and if he refused to do it, and she contracts debts for such necessaries, even during cohabitation, he is ‘obliged to pay those debts; but for anything beyond…
2Cases cited1 opinion
- M'Cutchen v. M'GahayNew York Supreme Court · 1814
3Cited by9 opinions
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- Turner v. HouptNew Jersey Court of Chancery · 1895
- Hughes v. Baltimore & Ohio Rd. Co.Ohio Court of Appeals · 1951
- Sherman v. International BankU.S. Circuit Court for the Northern District of Illnois · 1878
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