Bassett v. Bassett
Appellate Court of Illinois
Appeal from the Circuit Court of Fayette county; the Hon. Jesse J. Phillips, Judge, presiding. Action on the case, by the appellee against George W. Bassett, the father of her husband, charging him with wrongfully and maliciously enticing her said husband to separate himself from her, whereby she was deprived of his society, affection, protection and support, for which she seeks to recover damages.
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Appeal from the Circuit Court of Fayette county; the Hon. Jesse J. Phillips, Judge, presiding. Action on the case, by the appellee against George W. Bassett, the father of her husband, charging him with wrongfully and maliciously enticing her said husband to separate himself from her, whereby she was deprived of his society, affection, protection and support, for which she seeks to recover damages. The general issue and the Statute of Limitations of two years were pleaded, to which last plea a demurrer was sustained. Upon trial a verdict and judgment were rendered for §3,000 and the defendant…
1Opinion of the CourtPillsbury, J.
The first objection urged against the judgment in this case raises the question whether a wife can maintain an action in her own name against one who wrongfully induces the husband to put her away or to desert her. By the common law upon marriage, the husband and wife became one person in law, and the husband was that person. The legal existence of the woman was suspended during marriage, being treated as incorporated or ' consolidated into that of the husband. If she had personal estate it became the absolute property of the husband upon his reducing it to possession, and he became master of…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Hayner v. SmithIllinois Supreme Court · 1872
- Home Insurance v. DukeIndiana Supreme Court · 1873
- Breiman v. PaaschNew York City Court · 1879
- Dance v. McBrideSupreme Court of Iowa · 1876
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3Cited by30 opinions
- Mitchell v. White Motor Co.Illinois Supreme Court · 1974
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Shorters v. City of ChicagoDistrict Court, N.D. Illinois · 1985
- Emerson v. TaylorCourt of Appeals of Maryland · 1918
- Hockett v. American Airlines, Inc.District Court, N.D. Illinois · 1973
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