Vocht v. Kuklence
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 257 January Term 1888, Sup. Ct.; court below, No. 1 October Term 1887, C. P. The declaration in an action of trespass by Frederick Kuklence and Augusta Kuklence, his wife, in right of the wife, against Jacob Vocht and Anna Vocht, instituted on August 8, 1887, averring, that the defendants were at the time, etc., and still were, husband and wife, charged against Anna Vocht the speaking of certain slanderous words…
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ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 257 January Term 1888, Sup. Ct.; court below, No. 1 October Term 1887, C. P. The declaration in an action of trespass by Frederick Kuklence and Augusta Kuklence, his wife, in right of the wife, against Jacob Vocht and Anna Vocht, instituted on August 8, 1887, averring, that the defendants were at the time, etc., and still were, husband and wife, charged against Anna Vocht the speaking of certain slanderous words to said Jacob Vocht in the presence of Sophia Gerlach and others of and concerning said Augusta Kuklence, laying damages…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
As stated by the learned president of the Common Pleas, the only question in this case is “ whether a wife may .be arrested in satisfaction of a judgment for defamatory words, spoken by her during coverture, in which her husband is not implicated?”
If the time honored principle of the common law, exempting married women from arrest and imprisonment in civil actions for torts committed during coverture, is still in force here, this question must be answered in the negative. Blackstone says: “If judgment be recovered against husband and wife for the contract, nay…
2Cases cited1 opinion
- Wheeler & Wilson Manufacturing Co. v. HeilSupreme Court of Pennsylvania · 1887
3Cited by3 opinions
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- Powell v. PerkinsSupreme Court of Pennsylvania · 1905
- Hess v. HeftSuperior Court of Pennsylvania · 1897