Earl v. Tupper
Supreme Court of Vermont
Trespass for assault and battery on tbe plaintiff, Mrs. Earl. Plea, the general issue, and trial by jury, September term, 1871, Royce, J., presiding.
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Trespass for assault and battery on tbe plaintiff, Mrs. Earl. Plea, the general issue, and trial by jury, September term, 1871, Royce, J., presiding. The first count in the declaration alleged, “That the said defendant, on the 26th day of February, A. D. 1867, with force and arms, assaulted the said Marinda Earl, then and still being the wife of the said James M. Earl, to wit, at Bakersfield aforesaid, and then and there, with a certain stick, or axe, and with his fist, hand, and elbow, gave and struck the said Marinda a great many violent blows and strokes on and about divers parts of her…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
I. At common law, this action would not survive to a husband, nor to an administrator. At the decease of the female plaintiff, all the rights of the person claiming to be her husband, whether he was in fact her husband or not, came to an end. By the force of the, statute, the action survived to her administrator, and after he appeared and entered into the suit, to prosecute it, he, as administrator, was the sole plaintiff. As she had died, and the administrator had entered to prosecute before the trial in the county court, that trial was…
2Cases cited4 opinions
- Devine v. RandSupreme Court of Vermont · 1866
- Hodge v. Town of BenningtonSupreme Court of Vermont · 1871
- Perry v. WhitneySupreme Court of Vermont · 1858
- Whitcher v. MoreySupreme Court of Vermont · 1867
3Cited by43 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
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