Legal Opinion

Johnson v. Johnson

Michigan Supreme Court

Decided February 12, 1901PublishedCited by 5 opinions

Error .to Eaton; Smith, J. Replevin by Peter R. Johnson against Lucy M. Johnson, Marion Porter, and Mildred Porter. From a judgment for defendants, plaintiff brings error. Plaintiff and defendant Lucy are husband and wife. Both had been married before. She had several children by her former marriage. He had none. At the time of the trial, he was 79 years old, and she 64. When the difficulty arose between them, they had been married and lived together 8 years.

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Error .to Eaton; Smith, J. Replevin by Peter R. Johnson against Lucy M. Johnson, Marion Porter, and Mildred Porter. From a judgment for defendants, plaintiff brings error. Plaintiff and defendant Lucy are husband and wife. Both had been married before. She had several children by her former marriage. He had none. At the time of the trial, he was 79 years old, and she 64. When the difficulty arose between them, they had been married and lived together 8 years. The defendant Mildred Porter is the daughter of defendant by her former marriage. Defendant Marion Porter is her husband. At the time…

1Opinion of the CourtGrant, J.

(after stating the facts). The question presented is, Can a husband maintain replevin against his wife for goods taken by her from his home, where his treatment was such as to justify her leaving him, and would amount to desertion on his part ? It was decided in Smith v. Smith, 52 Mich. 538 (18 N. W. 347), that the husband cannot maintain replevin for such goods when he has abandoned his wife. In Warner v. Warner, 54 Mich. 492 (20 N. W. 557), it was held that, under circumstances similar to those in the present case, the husband, and not the wife, was guilty of desertion. These cases,…

2Cases cited2 opinions

  1. Warner v. WarnerMichigan Supreme Court · 1884
  2. Smith v. SmithMichigan Supreme Court · 1884

3Cited by5 opinions

  1. People v. StickleMichigan Supreme Court · 1909
  2. Brown v. BrownCourt of Appeals of Maryland · 1952
  3. Hopper v. Livingston Probate JudgeMichigan Supreme Court · 1904
  4. Brown v. BrownCourt of Appeals of Maryland · 1952
  5. Price v. Kent Circuit JudgeMichigan Supreme Court · 1910

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