Bernhardt v. Perry
Supreme Court of Missouri
Ajipeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) A married woman, by statute, may sue in law or in equity, with, or without joining her husband as a party. R. S. 1909, sec. 8304. (2) The Statute of limitations does not operate against a married woman during coverture. R. S. 1909, sec. 1894; Lindell Co. v. Lindell, 142 Mo. 61; Linck v. Yorkauer, 104 Mo.
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Ajipeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) A married woman, by statute, may sue in law or in equity, with, or without joining her husband as a party. R. S. 1909, sec. 8304. (2) The Statute of limitations does not operate against a married woman during coverture. R. S. 1909, sec. 1894; Lindell Co. v. Lindell, 142 Mo. 61; Linck v. Yorkauer, 104 Mo. App. 368; Hall v. Frank, 165 Mo. 430; Graham v. Ketchum, 192 Mo. 15. (3) The Constitution requires that the courts of the State shall he open to every person, and certain remedy offered for every injury to person,…
1DissentBond, C. J.
(dissenting). — I am constrained to dissent from the majority opinion in this case. The action is for a negligent injury to the husband of plaintiff, which it is alleged will deprive her in the- future of the maintenance, conjugal care, society, aid and protection belonging to her as a wife, since the wrongful injury to her husband has rendered him incapable of performing these duties.
A suit of such a nature, whether brought by the husband or by the wife, has no legal or logical relation to the sections of the Damage Act amendatory of the common law and providing for recovery by designated…
2Cases cited19 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Foot v. CardSupreme Court of Connecticut · 1889
- Feneff v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Clow v. ChapmanSupreme Court of Missouri · 1894
- Johnson v. JohnsonSupreme Court of Alabama · 1917
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