Freethy v. Freethy
New York Supreme Court
MOBOIST to set aside a nonsuit which was ordered at the Jefferson county circuit, in June, 1863, before his honor Justice Morgan. . The motion was ordered to be heard in the first instance at the general term.
1Opinion of the Court
By the Gourt,
Foster, J.
The plaintiff, who is the wife of the defendant, brings the suit, at law, to recover damages for slander ; and upon the statement of the case, in the opening, the court directed a nonsuit, upon the ground that the wife could not maintain such an action against her husband.
The words charged were such as are clearly actionable as between persons who could be parties against each other in an action for slander ; and the only question is whether the wife can maintain such action against her husband.
The wife could maintain a suit against her husband, in equity, for the…
2Cases cited3 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- White v. . WagerNew York Court of Appeals · 1862
- Smith v. SmithNew York Supreme Court · 1857
3Cited by24 opinions
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Peters v. PetersCalifornia Supreme Court · 1909
- Henneger v. LomasIndiana Supreme Court · 1896
- People v. Broadway RailroadNew York Court of Appeals · 1891
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