Legal Opinion

Perry v. Wheelock

Supreme Court of Vermont

Decided August 15, 1876PublishedCited by 2 opinions

General Assumpsit. Plea, the general issue, and trial by the court, February Term, 1876, Redfield, J., presiding. It appeared that the plaintiff while covert recovered judgment for $1,950. in the name of her husband and herself, against the town of Irasburgh, for personal injury received by her on an insufficient highway; that a town order was given to Thompson, plaintiff’s attorney in that suit, in payment of the judgment; that soon afterwards, plaintiff’s husband died, and…

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General Assumpsit. Plea, the general issue, and trial by the court, February Term, 1876, Redfield, J., presiding. It appeared that the plaintiff while covert recovered judgment for $1,950. in the name of her husband and herself, against the town of Irasburgh, for personal injury received by her on an insufficient highway; that a town order was given to Thompson, plaintiff’s attorney in that suit, in payment of the judgment; that soon afterwards, plaintiff’s husband died, and that during his ■last illness, Thompson, in whose favor the order was drawn, indorsed it to the husband in plaintiff’s…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The damages recovered in the suit, Perry and Wife v. Irasburgh, arose from a personal injury to the plaintiff. She liad the right to control the suit, and the right to the damages when recovered. The husband is a party to such actions in favor of the wife, because the policy of the law requires it, and' not because he necessarily has any pecuniary interest in the damages recovered. This is fully established by the unreported case of Chase & Wife v. Golpin & Wife, heard and decided at the General Term, 1871. That was an action to recover damages…

2Cases cited6 opinions

  1. Barron v. BarronSupreme Court of Vermont · 1852
  2. Caldwell v. RenfrewSupreme Court of Vermont · 1860
  3. Wilson v. BatesSupreme Court of Vermont · 1856
  4. Dana v. BinneySupreme Court of Vermont · 1835
  5. Roberts v. LundSupreme Court of Vermont · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
  2. Wright v. BurroughsSupreme Court of Vermont · 1890

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