McQueen v. Fulgham
Texas Supreme Court
Appeal from Tyler. Tried below before the Hon. J. M. Maxcy. This was an action of slander brought by Hareissa J. Fulgham, a minor, who sued by her next friend, against Sarah McQueen and her husband, Milton McQueen, the damages being laid at ten thousand dollars.
Read the full summary
Appeal from Tyler. Tried below before the Hon. J. M. Maxcy. This was an action of slander brought by Hareissa J. Fulgham, a minor, who sued by her next friend, against Sarah McQueen and her husband, Milton McQueen, the damages being laid at ten thousand dollars. The slanderous matter charged in the original petition was that the defendant Sarah uttered and published the words, folio wing, to-wit:—“ Narcissa Jane Fulgham had a child whilst she was at Mrs. Kirkwood’s pretending to weave a piece of cloth; she lay «¿bed nearly all the time she was pretending to weave the cloth, and had her baby,…
1Opinion of the CourtMoore, J.
It is an undeniable proposition, that at common law the husband is á necessary party in an action for slander by the wife, as well as other torts. (1 Chit., Pl. 92; 2 Kent., 149; Hanks and wife v. Harman and wife, 5 Binn., 43.) And it has been held that he may be sued alone in such case. (Hasbrouck v. Weaver, 10 John., 247.) It is insisted, however, that the common law doctrine upon this subject, is abrogated in this State by our statutes regulating marital rights. With us the separate identity of the wife, with respect to her property, is not merged in the husband. Her property is not vested…
2Cases cited8 opinions
- Olmsted v. MillerNew York Supreme Court · 1828
- Shields v. CunninghamIndiana Supreme Court · 1820
- Williams v. GreenwadeCourt of Appeals of Kentucky · 1835
- Hasbrouck v. WeaverNew York Supreme Court · 1813
- Bradt v. TowsleyNew York Supreme Court · 1835
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wal-Mart Stores, Inc. v. Odem, Texas Court of Appeals, 4th District (San Antonio)1996
- Kellar v. JamesWest Virginia Supreme Court · 1907
- Hatcher v. RangeTexas Supreme Court · 1904
- Montgomery Ward & Co. v. PeasterCourt of Appeals of Texas · 1944
- Borger Independent School Dist. v. DicksonCourt of Appeals of Texas · 1932
11 more not listed; retrieve them via the Exa API.