O'Carroll v. Stark

The opinion of the court was delivered by

Swayze, J.

This is an action by husband and wife for injuries to the wife due to an assault and battery by the male defendant. The demand claims $300 damages for the wife and $200 damages for her husband. The judgment was in favor of the plaintiffs for $200. In order to correct the obvious error in entering a joint judgment without stating how much was for the husband and how much fox- the wife, the plaintiffs had the judge certify that he found $200 damages for the wife and no damages for the husband. The last finding was in the teeth of the evidence…