Ball v. Bullard
New York Supreme Court
THIS action was tried in Washington county, in September, 1867. After a jury was sworn, the plaintiff, by her counsel, opened the case to the jury, and, for the purpose of enabling the defendant to raise questions of law involved in the case, admitted that the action was brought by the plaintiff to recover damages for an injury done to her in December, 1857, while she was a married woman; that the plaintiff is now a married woman, and that her husband, Boyal G-. Ball, was…
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THIS action was tried in Washington county, in September, 1867. After a jury was sworn, the plaintiff, by her counsel, opened the case to the jury, and, for the purpose of enabling the defendant to raise questions of law involved in the case, admitted that the action was brought by the plaintiff to recover damages for an injury done to her in December, 1857, while she was a married woman; that the plaintiff is now a married woman, and that her husband, Boyal G-. Ball, was married to her before 1857, and is still alive and living with her; that the action was commenced on the 9th day of March,…
1Opinion of the Court
By the Court, Potter, J.
The first two exceptions, in effect, raise the same question of law, to wit, may a married woman bring an action, in her own name, against a wrongdoer for a wrong committed upon her person, without joining her husband with her as a party? I am clearly of the opinion that since the acts of the legislature of this state, of 1860, chapter 90, and of 1862, chapter 172, she may bring such an action in her own name. Indeed, such is the express language of these statutes^ to wit: “ Any married woman may bring and maintain an action in her own name, for damages, against any…
2Cases cited2 opinions
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- Holmes v. . CarleyNew York Court of Appeals · 1865
3Cited by11 opinions
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- Wiesner v. ZaunWisconsin Supreme Court · 1875
- Garland County v. GainesSupreme Court of Arkansas · 1886
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