Legal Opinion

Nichols v. Nichols

Supreme Court of Missouri

Decided May 5, 1896PublishedCited by 12 opinions

Appeal from Vernon Circuit Court. — Hon. D. P. Strat-ton, Judge. (1) Under the laws of this state, the plaintiff, though a married woman, could maintain her action against the defendants.

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Appeal from Vernon Circuit Court. — Hon. D. P. Strat-ton, Judge. (1) Under the laws of this state, the plaintiff, though a married woman, could maintain her action against the defendants. R. S. 1889, sees. 1996, 6864, 6869; Glow v. Chapman, 125 Mo. 103; Bains v. Bullock, 129 Mo. 117; Arnold v. Willis, 128 Mo. 145. (2) Well considered cases in the courts of different states affirm the right of a married woman to maintain an action against third persons for enticing her husband away and depriving her of his aid, comfort, and society. We cite some of them: Bennett v. Bennett, 116 N. Y. 584;…

1Opinion of the CourtMactarlane, J.

A demurrer to plaintiff’s amended petition was sustained and from the judgment thereon in favor of defendants she appealed. The petition was as follows:

“For amended petition herein, plaintiff complains and alleges that on the eleventh day of February, 1892, she was lawfully married to and became the wife of George Nichols. That from the date of said marriage till the - day of March, 1893, she and her said husband, George Nichols, continued to live together as husband and wife. That during all that time plaintiff faithfully demeaned herself and discharged all her duties as the wife of said…

2Cited by12 opinions

  1. Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
  2. Nichols v. NicholsSupreme Court of Missouri · 1898
  3. Nevins v. NevinsSupreme Court of Kansas · 1904
  4. King v. HansonNorth Dakota Supreme Court · 1904
  5. Cornelius v. CorneliusSupreme Court of Missouri · 1911

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