Brown v. Brown
Supreme Court of Connecticut
Action by a wife against her husband to recover damages for causing her to be committed to and detained in a hospital for the insane, although she was alleged to be sane, and for an assault and battery, brought to the Superior Court in Middlesex County where the defendant demurred to the complaint upon the ground of coverture; the court, Williams, J., sustained the demurrer and afterward rendered judgment (Holcomb, J.) for the defendant, from which the plaintiff appealed.
1Opinion of the CourtThayer, J.
The plaintiff by this action seeks to recover damages from her husband for an assault and battery and false imprisonment. The parties were married in October, 1877. If she has a cause of action against her husband it is not questioned that the suit is well brought. The complaint is demurred to, the only ground of demurrer assigned being that by reason of her coverture she has no cause of action against him for the personal injuries alleged in the complaint. The Superior Court sustained the demurrer, and the only question presented by this appeal is whether that ruling was correct.
By the…
2Cases cited2 opinions
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Mathewson v. MathewsonSupreme Court of Connecticut · 1906
3Cited by71 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Wait v. PierceWisconsin Supreme Court · 1926
- Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
- Rains v. RainsSupreme Court of Colorado · 1935
- Brown v. GosserCourt of Appeals of Kentucky (pre-1976) · 1953
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