Nickerson v. Nickerson
Texas Supreme Court
Error from Washington. Tried below before the Hon. J. B. McFarlands This suit was brought by Amanda Nickerson, October 10, 1883, against Abram Nickerson and James V. Matson, Jr., for false imprisonment, laying her damages at $10,000. The plaintiff alleged, in her petition, that she and the defendant Abram Nickerson were, at the time, husband and wife, but had not been living together for several years, charging the fault of their separation to the husband.
Read the full summary
Error from Washington. Tried below before the Hon. J. B. McFarlands This suit was brought by Amanda Nickerson, October 10, 1883, against Abram Nickerson and James V. Matson, Jr., for false imprisonment, laying her damages at $10,000. The plaintiff alleged, in her petition, that she and the defendant Abram Nickerson were, at the time, husband and wife, but had not been living together for several years, charging the fault of their separation to the husband. Plaintiff farther alleged, that the defendants, desiring and conspiring together to get posession of her two sons, aged, respectively,…
1Opinion of the CourtStayton, Associate Justice
It is unnecessary to inquire whether had the husband of Mrs. Nickerson not been a party to the wrongs, of *283which she complains, the pleadings which preceded the trial amendment set up such facts as would ordinarily entitle a married woman to maintain an action without being joined by her husband, for the trial amendment, which was filed within one year after the injury was inflicted, alleged that she had been divorced from her husband.
The injury of which she complains, was inflicted upon her by her husband and his co-defendant, during coverture.
The husband could not have maintained an action…
2Cases cited7 opinions
- Abbott v. AbbottSupreme Judicial Court of Maine · 1877
- Peters v. PetersSupreme Court of Iowa · 1875
- Longendyke v. LongendykeNew York Supreme Court · 1863
- Love v. MoynehanIllinois Supreme Court · 1855
- City of Peru v. FrenchIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Turner v. TurnerTexas Supreme Court · 1964
- Dickson v. StricklandTexas Supreme Court · 1924
- Bounds v. CaudleTexas Supreme Court · 1977
- Graham v. FrancoTexas Supreme Court · 1972
- Rogers v. RogersSupreme Court of Missouri · 1915
52 more not listed; retrieve them via the Exa API.