Keister's Administrator v. Keister's Executors
Supreme Court of Virginia
Error to a judgment of the Circuit Court of city of Norfolk, in an action of trespass on the case. Judgment for defendants. Plaintiff assigns error.
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The following positions with respect to the law are well settled and are not questioned by counsel in the case:
Notwithstanding the existence of the statutes, sections 2902, 2903 and 2906 of the Code of Virginia, the plaintiff in error in the instant case had no right to maintain the action and the demurrer was, therefore, properly sustained by the trial court, unless the wife, had she survived, would have had a right of action against the husband, had he survived, for damages for an assault upon her by…
2Cases cited15 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Brown v. BrownSupreme Court of Connecticut · 1914
- Peters v. PetersCalifornia Supreme Court · 1909
- Fiedler v. FiedlerSupreme Court of Oklahoma · 1914
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3Cited by59 opinions
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Fitzmaurice v. FitzmauriceNorth Dakota Supreme Court · 1932
- Worrell v. WorrellSupreme Court of Virginia · 1939
- Surratt, Adm'r v. ThompsonSupreme Court of Virginia · 1971
54 more not listed; retrieve them via the Exa API.