Gilman v. Gilman
Supreme Court of New Hampshire
Trespass to the person. Trial by jury and verdict for the plaintiff. The plaintiff is the defendant’s wife, and her evidence-tended to prove that her husband had on several occasions assaulted her. At the close of the plaintiff’s evidence the defendant moved for a nonsuit, upon the ground that an action for assault cannot be maintained by a wife against her husband. The motion was denied, and the defendant excepted.
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Trespass to the person. Trial by jury and verdict for the plaintiff. The plaintiff is the defendant’s wife, and her evidence-tended to prove that her husband had on several occasions assaulted her. At the close of the plaintiff’s evidence the defendant moved for a nonsuit, upon the ground that an action for assault cannot be maintained by a wife against her husband. The motion was denied, and the defendant excepted. Transferred from the January term, 1915, of the superior court by Branch, J.
1Opinion of the CourtYoung, J.
The only question raised by the defendant’s exception is whether section 2, chapter 176, of the Public Statutes, gives a married woman the right to maintain an action of this kind against her husband. It is conceded that the plaintiff could not maintain this action at common law, and the defendant contends that the .-statute limits her right to sue to actions growing out of, or in some ■ way connected with, her separate property.' Strom v. Strom, 98 Minn. 437, — 6 L. R. A. N. S. 191, note.' The question, therefore, Is as to the test to determine when a married woman may sue.
Section 2, above…
2Cases cited1 opinion
- Alger-Fowler Co. v. TracySupreme Court of Minnesota · 1906
3Cited by42 opinions
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- Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
- Rains v. RainsSupreme Court of Colorado · 1935
- Lewis v. LewisMassachusetts Supreme Judicial Court · 1976
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