Souter v. Codman

This is trespass by husband and wife, for assault and battery committed on the wife, to recover damages for injuries suffered by her. The declaration contains three counts, which with differences of phraseology and specification set forth the same cause of action. The defendants demur to the declaration and contend, on the strength of certain allegations, that it is bad for misjoinder, in that it contains, along with matters for which an action will lie in favor of the wife, matters which constitute causes of action only for the husband. We think, however, that the action is clearly for the…