Schuler v. Henry
Supreme Court of Colorado
Appeal from the County Court of San Miguel County. Hon. J. M. Wardlaw, Judge. Action by L. Henry against L. Schuler, Mrs. L. Schuler, G. C. Collins, Mrs. G. C. Collins, Joe Gontier and Mrs. Joe Gontier. From a judgment for plaintiff, defendants appeal. Decision en banc, Mr. Justice Gabbert and Mr. Justice Maxwell dissenting, and Mr. Justice Helm not participating.
1DissentJustice Maxwell, joined by Justice Gabbert
Mr. Justice Gabbert and myself dissent from the foregoing opinion, and on account of some expressions found in the opinion of the Chief Justice, deem it due to ourselves to state the reasons for our dissent.
It is conceded that the common law which makes the husband liable for the torts of his wife has not been expressly repealed, and that if such repeal has taken place, it is by implication.
By § 4184, Mills'’ Ann. Stats., the common law of England, so far as the same is applicable and of a general nature, with certain exceptions, was *378adopted by the Territorial Legislature of 1861, and it is…
2Cases cited20 opinions
- Van Maren v. JohnsonCalifornia Supreme Court · 1860
- Zeliff v. JenningsTexas Supreme Court · 1884
- Fitzgerald v. . QuannNew York Court of Appeals · 1888
- Martin v. RobsonIllinois Supreme Court · 1872
- Wells v. CaywoodSupreme Court of Colorado · 1877
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