Deeds v. Strode
Idaho Supreme Court
APPEAL from District Court, Ada County. It is a universal rule urged by the defendant’s counsel, and admitted by the plaintiff, that no action exists in favor of the wife for an injury done her by her husband, however grievous. A different rule, however, applies in case of a marriage being declared a nullity, as in this case. “The parties stand as if they had always remained single.” “The woman is relieved of her incapacity to sue and be sued.”
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APPEAL from District Court, Ada County. It is a universal rule urged by the defendant’s counsel, and admitted by the plaintiff, that no action exists in favor of the wife for an injury done her by her husband, however grievous. A different rule, however, applies in case of a marriage being declared a nullity, as in this case. “The parties stand as if they had always remained single.” “The woman is relieved of her incapacity to sue and be sued.” If the woman is entrapped into a void marriage, she may recover damages for that tort. (Nelson on Divorce and Separation, sec. 1023.) So the wife, it…
1Opinion of the CourtHuston, J.
— This is an action for damages brought by the plaintiffs, husband and wife, against the defendant. A demurrer was interposed by the defendant to the complaint o£ *319the plaintiff upon the ground that the complaint does not state facts sufficient to constitute a cause of action. This demurrer was sustained, and from the judgment entered thereon this appeal is taken.
This action is brought by and for the benefit of the plaintiff, Flora A. Deeds. The complaint states that said Flora A. and her said husband have, by mutual agreement and understanding, lived separate and apart from each other for…
2Cases cited6 opinions
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- Blossom v. . BarrettNew York Court of Appeals · 1868
- Higgins v. BreenSupreme Court of Missouri · 1845
- McDonald v. FlemingCourt of Appeals of Kentucky · 1851
- Robbins v. PotterMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sutton v. LeibSupreme Court of the United States · 1952
- McGhee v. McGheeIdaho Supreme Court · 1960
- Jenkins v. JenkinsUtah Supreme Court · 1944
- McNichols v. J. R. Simplot Co.Idaho Supreme Court · 1953
- Crowell v. CrowellSupreme Court of North Carolina · 1920
2 more not listed; retrieve them via the Exa API.