Smith v. Fitzgerald
Supreme Court of Vermont
Trespass quare clausum frec/it. Heard on a referee’s report September Term, 1886, Royce, Ch. J., presiding. Judgment on the report for the plaintiff. The County' Court did not have jurisdiction. R. L., s. 821. The action should have been brought by the husband and wife jointly. Ilackett v. Hewitt, 57 Vt. 442 ; 1 Wash.
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Trespass quare clausum frec/it. Heard on a referee’s report September Term, 1886, Royce, Ch. J., presiding. Judgment on the report for the plaintiff. The County' Court did not have jurisdiction. R. L., s. 821. The action should have been brought by the husband and wife jointly. Ilackett v. Hewitt, 57 Vt. 442 ; 1 Wash. R. P. 279 ; 2 Kent Com. 131; Kelley Cont. 82. In all cases where the right of action would survive to the wife, the husband and wife must join in any action brought therefor. 1 Par. Con. 286; 1 Chit, PI. 74; 10 Pick. 469 ; Morse v. Earl, 13 Wend. 271; Milner v. Milner, 3 Term,…
1Opinion of the Court
*453The opinion of the court was delivered by
Walker, J.
This is an action quare clausum fregit for cutting trees on land of which the plaintiff and his wife, Laura, were in possession in right of the wife, who held the same under a warranty deed from her father, and over which the plaintiff exercised such control and management as a husband may, in the laiv, exercise over the wife’s I’eal estate, and had no right or estate in the premises except such as a husband acquires by marriage in the l’eal estate of his wife. The wife was not joined as a party plaintiff in the writ. It is inferable, from…
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3Cited by7 opinions
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- Wood v. JamesSupreme Court of Vermont · 1918
- Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
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- Re Estate of PerkinsSupreme Court of Vermont · 1893
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