Ott v. Kaufman
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This suit was brought by Gottfried Ott to recover from Joseph Kaufman damages for assaulting and beating the plaintiffs wife, by which he lost her services and incurred expense in medical and other attendance upon her. Pending the suit the defendant died. His death was suggested, and Anna Mary Kaufman, by order of the Court,, was made a party defendant to the suit, as his executrix, and in her own right.
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Appeal from the Court of Common Pleas. This suit was brought by Gottfried Ott to recover from Joseph Kaufman damages for assaulting and beating the plaintiffs wife, by which he lost her services and incurred expense in medical and other attendance upon her. Pending the suit the defendant died. His death was suggested, and Anna Mary Kaufman, by order of the Court,, was made a party defendant to the suit, as his executrix, and in her own right. In such capacity she filed a y>etition, as also a plea in abatement, in both which she set out the nature of the action, and alleged that the same had…
1Opinion of the CourtRobinson, J.
This is an action by a husband to recover damages for an assault and battery on his wife, per quod, he lost her services, and was obliged to spend money for medical and other attendance upon her.
Pending the suit the defendant died, and the question is whether the action survives against his executrix? And this depends upon the construction of section 1 of Article 2 of the Code, which provides that personal actions of every kind, except actions for personal injuries and slander, shall survive against the executor or administrator of the testator or intestate. Actions for personal injuries are…
2Cited by11 opinions
- Hess v. LowreyIndiana Supreme Court · 1890
- Bates v. SylvesterSupreme Court of Missouri · 1907
- Cant v. BartlettCourt of Appeals of Maryland · 1982
- Hamilton v. JonesIndiana Supreme Court · 1890
- Davis v. NicholsSupreme Court of Arkansas · 1891
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