Johnson v. Johnson
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County'; W. W. Haralson, Judge. Action by Ida Johnson against J. K. Johnson for damages for assault and battery. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Marshall County'; W. W. Haralson, Judge. Action by Ida Johnson against J. K. Johnson for damages for assault and battery. Judgment for plaintiff, and defendant appeals. The third assignment of error is as follows : The circuit court erred, to the injury of the appellant, in overruling defendant’s objection to the court’s permitting the witness to write on a piece of paper the words, “damn bitch, damn yellow bitch,” and permitting these words, when written on the paper, to be read to the jury in the absence of the witness. Assignment 14: The court erred, to the…
1Opinion of the CourtSayre, J.
This appeal raises the question whether, under our system of law, a wife may maintain an action to recover damages for an assault and battery committed upon her person by the husband.
[1] It is conceded, of course, that at the common law no such action could be maintained. That law regarded the husband and wife, for judicial purposes, as but one person, and, we may add, the husband was that person. Hence the rule to which we have referred and one result that husband and wife could not contract with or sue each other. While much of that law has disappeared under the pressure of .a public…
2Cases cited5 opinions
- Maryland Casualty Co. v. McCallumSupreme Court of Alabama · 1917
- Keiser v. SmithSupreme Court of Alabama · 1882
- Lovelace v. MillerSupreme Court of Alabama · 1907
- Cook v. CookSupreme Court of Alabama · 1899
- Fulgham v. StateSupreme Court of Alabama · 1871
3Cited by42 opinions
- Rains v. RainsSupreme Court of Colorado · 1935
- Brown v. GosserCourt of Appeals of Kentucky (pre-1976) · 1953
- Scotvold v. ScotvoldSouth Dakota Supreme Court · 1941
- Crowell v. . CrowellSupreme Court of North Carolina · 1920
- Fitzmaurice v. FitzmauriceNorth Dakota Supreme Court · 1932
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