Chapman v. Hardy

Supreme Court of South Carolina

Chapman v. Hardy

4 S.C.L. 170

DecidedApril 15, 1807

StatusPublished

This text of 4 S.C.L. 170 (Chapman v. Hardy) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chapman v. Hardy, 4 S.C.L. 170 (S.C. 1807).

Pincite

Opinion

Brevard, J.,

declared the resolution of the whole court, Wilds, J., absent. Husband and wife cannot join for the battery of both, The battery of the husband is a distinct cause of action, in which the wife has no interest which can survive to her, and in which she cannot join. The objection maybe taken advantage of by plea in abatement, by demurrer; or after verdict, by motion in arrest of judgment. See Theol. Dig. s. 10, c. 15. 1 Com. Dig. Abatement. G. 4. 2 Com. Dig. Baron and Feme, Y.

Judgment arrested.

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Brevard, J.,

declared the resolution of the whole court, Wilds, J., absent. Husband and wife cannot join for the battery of both, The battery of the husband is a distinct cause of action, in which the wife has no interest which can survive to her, and in which she cannot join. The objection maybe taken advantage of by plea in abatement, by demurrer; or after verdict, by motion in arrest of judgment. See Theol. Dig. s. 10, c. 15. 1 Com. Dig. Abatement. G. 4. 2 Com. Dig. Baron and Feme, Y.

Judgment arrested.

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Bluebook (online)

4 S.C.L. 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-hardy-sc-1807.