Berger v. Jacobs
Michigan Supreme Court
Error to Wayne Circuit. This Avas an action on the case brought by Amelia .Berger in the Circuit Court for the County of Wayne against John, C. Jacobs for an assault and battery committed by the defendant upon the person of the plaintiff, who was, at the time the cause of action arose, and so continued to be up to the time of the commencement of the action, a married woman. The defendant pleaded the general issue.
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Error to Wayne Circuit. This Avas an action on the case brought by Amelia .Berger in the Circuit Court for the County of Wayne against John, C. Jacobs for an assault and battery committed by the defendant upon the person of the plaintiff, who was, at the time the cause of action arose, and so continued to be up to the time of the commencement of the action, a married woman. The defendant pleaded the general issue. On the trial, the question, Avhick is brought into this Court for review, was raised by the request of the defendant to the Court to instruct the jury that the plaintiff, being a…
1Opinion of the CourtChristiancy, J.
The only question in this case is, whether an- action of trespass for an assault and battery committed upon a wife, can be maintained by her during coverture without joining the husband as co-plaintiff.
*220At common law all the wife’s choses in action, if reduced to possession during the coverture, belonged to the husband, though on the death of the husband before being recovered by him, they survived to the wife. And in an action like the present, the damages, when recovered, would have belonged to him. But this was also the case with reference to bonds and other rights or choses in action due…
2Cited by32 opinions
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Ezell v. DodsonTexas Supreme Court · 1883
- Mosier v. CarneyMichigan Supreme Court · 1965
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
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