Pett-Morgan v. Kennedy
Supreme Court of Minnesota
Appeal by defendant William Kennedy from an order of the district court for Ramsey county, Otis, J., overruling his demurrer to the complaint. The common-law liability of a husband for his wife’s torts was by necessary implication abrogated by Pub. St. 1858, c. 61, § (106); Martin v. Robson (Freeman) 65 111. 129; Norris v. Corkill, 32 Kan. 409, 4 Pac. 862; Bovard v. Kettering, 101 Pa.
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Appeal by defendant William Kennedy from an order of the district court for Ramsey county, Otis, J., overruling his demurrer to the complaint. The common-law liability of a husband for his wife’s torts was by necessary implication abrogated by Pub. St. 1858, c. 61, § (106); Martin v. Robson (Freeman) 65 111. 129; Norris v. Corkill, 32 Kan. 409, 4 Pac. 862; Bovard v. Kettering, 101 Pa. St. 181, 184; Harris v. Webster, 58 N. H. 481. Such liability having been abolished, nothing short of a positive re-enactment could revive it. Gr. S. 1878, c. 69, § 6, was not such a re-enactment; nor was Gr. S.…
1Opinion of the CourtCollins, J.
The paramount question presented by this appeal is whether a husband is liable for slanderous words uttered by his wife when he is not present, and in which he has not participated in any manner, — in other words, has the common-law rule which makes the husband answerable in'damages for the torts of his wife during coverture been abrogated by statute? Counsel for appellant-does not claim that this rule has been wiped out by direct enactment, but earnestly insists that this is the inevitable result of legislation respecting married women and their property, their and its legal status. To…
2Cases cited14 opinions
- Zeliff v. JenningsTexas Supreme Court · 1884
- Fitzgerald v. . QuannNew York Court of Appeals · 1888
- Martin v. RobsonIllinois Supreme Court · 1872
- McElfresh v. KirkendallSupreme Court of Iowa · 1873
- Norris v. CorkillSupreme Court of Kansas · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hageman v. VanderdoesArizona Supreme Court · 1914
- Kellar v. JamesWest Virginia Supreme Court · 1907
- Christensen v. McCann Et Ux.Wyoming Supreme Court · 1929
- Curtis v. AshworthSupreme Court of Georgia · 1928
- Schuler v. HenrySupreme Court of Colorado · 1908
10 more not listed; retrieve them via the Exa API.