Main v. Main
Appellate Court of Illinois
In ebbob to the Circuit Court of Clark County; the Hon. C. B. Smith, Judge, presiding. This was an action by plaintiff in error against defendant in error and Lewis Main, John Ellege, Jr., and Frank Morrison.
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In ebbob to the Circuit Court of Clark County; the Hon. C. B. Smith, Judge, presiding. This was an action by plaintiff in error against defendant in error and Lewis Main, John Ellege, Jr., and Frank Morrison. Declaration, first count charges the defendants with false and malicious prosecution, without any reasonable or probable cause, for insanity, and imprisonment in jail and insane asylum January 11, 1887, and adjudication against such proceedings and the prosecution wholly ended. Second count alleged that the defendants falsely and maliciously, and without any reasonable or probable cause,…
1Opinion of the CourtJustice Wall
The only question arises upon the action of the court in holding the special pleas a valid defense. At the common law neither the husband nor wife could maintain an action for damages against the other for an assault or battery, no matter how aggravated, though the offending party was liable, eriminaliter. Nor would an action lie for an injury to the reputation. Reeve’s Domestic Relations, 65; Cooley on Torts, 223, 227. The fact that the conjugal relation has been dissolved by divorce will not support an action for a tort committed ¿luring the marriage. Ib. 228. Abbott v. Abbott, 67 Maine…
2Cases cited3 opinions
- Martin v. RobsonIllinois Supreme Court · 1872
- Emerson v. ClaytonIllinois Supreme Court · 1863
- Chestnut v. ChestnutIllinois Supreme Court · 1875
3Cited by12 opinions
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Peters v. PetersCalifornia Supreme Court · 1909
- Brandt v. KellerIllinois Supreme Court · 1952
- Henneger v. LomasIndiana Supreme Court · 1896
- Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
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