Abbott v. Abbott
Supreme Judicial Court of Maine
On report. Case. For that heretofore, to wit, on or about the 5th day of September, A. D. 1869, at Hancock in said county, the said defendants maliciously intending to oppress and imprison the plaintiff and to deprive her of her liberty did then and there conspire and act and agree together with others to charge and accuse the plaintiff with being a crazy and insane person and a fit subject for imprisonment in the insane hospital or asylum situated at Augusta, being an…
Read the full summary
On report. Case. For that heretofore, to wit, on or about the 5th day of September, A. D. 1869, at Hancock in said county, the said defendants maliciously intending to oppress and imprison the plaintiff and to deprive her of her liberty did then and there conspire and act and agree together with others to charge and accuse the plaintiff with being a crazy and insane person and a fit subject for imprisonment in the insane hospital or asylum situated at Augusta, being an institution for the keeping and restraint of insane persons, and in pursuance of said false and wicked intentions, the said…
1Opinion of the CourtPeters, J.
The defendants forcibly carried the plaintiff to an insane asylum. The case assumes the act to have been wrongful and want'on. The plaintiff and one of the defendants, at the time, were husband and wife; since then she was divorced. Can an action of tort, for such an injury, instituted after divorce, be sus*306tained by her against her former husband ? We have no doubt, that it cannot be maintained.
Precisely the same question was lately before the English court, and the decision and the reasons on which the decision is grounded meet with our unqualified approval. Phillips v. Barnet, 1 Q. B. D.…
2Cases cited3 opinions
- State v. . OliverSupreme Court of North Carolina · 1874
- Hasbrouck v. WeaverNew York Supreme Court · 1813
- Shaddock v. Town of CliftonWisconsin Supreme Court · 1867
3Cited by53 opinions
- Merenoff v. MerenoffSupreme Court of New Jersey · 1978
- Roller v. RollerWashington Supreme Court · 1905
- Small Ex Rel. Balthis v. MorrisonSupreme Court of North Carolina · 1923
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
- Bandfield v. BandfieldMichigan Supreme Court · 1898
48 more not listed; retrieve them via the Exa API.