McHenry v. Short

In an action tried to the court without a jury, the plaintiff, suing in her own right and also as ad-ministratrix of her husband’s estate, recovered judgment for damages against one of the named defendants and the marital community of which he was a member, for an assault committed by that defendant upon, and resulting in the death of, plaintiff’s husband. This appeal is prosecuted by the defendants for and on behalf of the marital community only.

Two questions are raised on the appeal; (1) whether the complaint stated a cause of action against the community composed of the two individual…