Thompson v. Thompson
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve the right of a wife to maintain an action in the District of Columbia against her husband to recover damages for an assault and battery, are stated in the opinion. Prior to the enactment of the Code it was a tort for a man to assault his wife. The provisions of the Code remove a common-law obstacle to the remedy.
Read the full summary
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve the right of a wife to maintain an action in the District of Columbia against her husband to recover damages for an assault and battery, are stated in the opinion. Prior to the enactment of the Code it was a tort for a man to assault his wife. The provisions of the Code remove a common-law obstacle to the remedy. Stewart v. Railroad Co., 168 U. S. 445. These provisions will be liberally construed, for it is the duty of every State to provide, in the administration of justice, for the redress of private wrongs;…
1Opinion of the CourtJustice Day
This case presents a singlé question, which is involved in the construction of the statutes governing the District of Columbia. That question is, Under those statutes may a wife bring an action to recover damages for an assault and battery upon her person by the husband?
The declaration of the plaintiff is in the ordinary form, and in seven counts charges divers assaults upon her person by her husband, the defendant, for which the wife seeks to recover damages in the sum of $70,000. An issue of law being made by demurrer to the defendant’s pleas, the Supreme Court of the District of Columbia…
2Cases cited3 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Peters v. PetersSupreme Court of Iowa · 1875
- Schultz v. . SchultzNew York Court of Appeals · 1882
3Cited by196 opinions
- Wait v. PierceWisconsin Supreme Court · 1926
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Merenoff v. MerenoffSupreme Court of New Jersey · 1978
- Rupert Ex Rel. Rupert v. StienneNevada Supreme Court · 1974
- Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
191 more not listed; retrieve them via the Exa API.