Tallmadge v. Grannis
Supreme Court of Connecticut
in ERROR. The original action was trespass, brought by Grannis against Tallmadge, before a justice of the peace, and from thence removed, by appeal, to the county court.
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in ERROR. The original action was trespass, brought by Grannis against Tallmadge, before a justice of the peace, and from thence removed, by appeal, to the county court. In the declaration, it was averred, that the plaintiff was lawfully possessed of a certain tract of land ; and that the defendant, with force and arms, entered upon the same, and with spades, shovels and hoes, dug up the ground and soil, and, with wagons and carts, carried off the same, out of the possession of the plaintiff. Upon the trial of the cause, to the jury, in the county court, the defendant offered evidence to…
1Opinion of the CourtWaite, J.
The rule upon this subject, as settled, by numerous decisions, is, that where the action is merely for the recovery of damages done to the real property of the wife, during the coverture, the husband may sue alone, or his wife may be joined ; her interest, in the latter case, being stated in the declaration. 1 Chitt. Plead. 75. and the cases there cited. Allen & ux. v. Kingsbury, 16 Pick. 235. Clapp v. Stoughton, 10 Pick. 463. Cushing & ux. v. Adams, 18 Pick. 110. Com. Dig. tit. Baron and Feme, X.
If the husband survive the wife, he may sustain an action of trespass for an injury done to her…
2Cited by2 opinions
- Smith v. FitzgeraldSupreme Court of Vermont · 1887
- Muldrow v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1895