Abbe v. Abbe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Katie Abbe, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county.of Kings on the 11th day of June, 1897, upon the dismissal of the complaint directed by the court after a trial before the court and a jury.
1Opinion of the Court
Hatch, J.:
The action is brought by a wife against her husband to recover damages for an assault and battery committed by the husband upon the wife. It is settled by authority that the action cannot be maintained. (Schultz v. Schultz, 89 N. Y. 644.) There is nothing in the Domestic Delations Act (Laws of 1896, chap. 272, § 27) which works any change in the law in this respect. Indeed, the latter statute is not so broad as the former act of 1862 in this regard, for by its terms she was authorized to maintain an action against “ any person ” for injury to her person, while under the Domestic…
2Cases cited1 opinion
- Schultz v. . SchultzNew York Court of Appeals · 1882
3Cited by11 opinions
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Peters v. PetersCalifornia Supreme Court · 1909
- Newton v. WeberNew York Supreme Court · 1922
- Perlman v. Brooklyn City RailroadNew York Supreme Court · 1921
- Ackerson v. KiblerNew York Supreme Court · 1931
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