Legal Opinion

Joice v. Branson

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 19 opinions

Appeal from Phelps Circuit Court. '- — Hon. V. B. Hill, Judge.

1Opinion of the CourtSherwood, C. J.

Action for damages alleged to have been caused by an assault and battery on plaintiff, Nicey L. Joice, the wife of her co-plaintiff’, ¥m. Joice. It was alleged that an abortion resulted from the injury caused by the battery. The answer was a general denial.

I

The husband was properly joined with the wife as co-plaintiff, and this because the statute requires it. B. S. 1879, § 8468; Edmonson v. Phillips, decided present term. The wife was, however, the substantial party to the suit, and was competent as a witness in her own behalf. Har*29riman v. Stowe, 57 Mo. 93; Owen v. Brockschmidt, 54 Mo. 285;…

2Cases cited4 opinions

  1. Harriman v. StoweSupreme Court of Missouri · 1874
  2. Owen v. BrockschmidtSupreme Court of Missouri · 1873
  3. Evers v. Life Ass'n of AmericaSupreme Court of Missouri · 1875
  4. Paul v. LeavittSupreme Court of Missouri · 1873

3Cited by19 opinions

  1. Womach v. City of St. JosephSupreme Court of Missouri · 1907
  2. Nichols v. WinfreySupreme Court of Missouri · 1883
  3. Bond v. WilliamsSupreme Court of Missouri · 1919
  4. Berry v. HartzellSupreme Court of Missouri · 1886
  5. Hickman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886

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