Norris v. Corkill
Supreme Court of Kansas
Error from Sedgioick District Court. Action for slander, brought by Lavina Norris against Marsha Corkill and T. D. Corkill.
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Error from Sedgioick District Court. Action for slander, brought by Lavina Norris against Marsha Corkill and T. D. Corkill. The petition (court and title omittéd) is as follows, to wit: “The plaintiff, Lavina Norris, complains of the defendants, Marsha Corkill and T. D. Corkill, and for cause of action states, that the said Marsha Corkill and T. D. Corkill are husband and wife, and were so at the time of the alleged grievances hereinafter mentioned ; that on or about the 23d day of November, 1883, at and in the county of Sedgwick, state of Kansas, the defendant Marsha Corkill, intending to…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question presented in this case is, whether the husband is liable for the slanderous words spoken by his wife when he is not present and in which he in no manner participates. The rule of the common law makes the husband liable for the torts of his wife committed during coverture. The reason assigned for this liability is, that the husband is entitled to the rents and profits of the wife’s real estate during coverture, and to the absolute dominion over her personal property in possession. Another ground of this liability at common…
2Cases cited1 opinion
- Martin v. RobsonIllinois Supreme Court · 1872
3Cited by22 opinions
- Burns v. BurnsMississippi Supreme Court · 1988
- Hageman v. VanderdoesArizona Supreme Court · 1914
- O'GRADY v. PottsSupreme Court of Kansas · 1964
- Guffy Ex Rel. Reeves v. GuffySupreme Court of Kansas · 1981
- Culmer v. WilsonUtah Supreme Court · 1896
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