Hobbs v. Hobbs

Supreme Judicial Court of Maine

Hobbs v. Hobbs

70 Me. 383, 1880 Me. LEXIS 3

CourtSupreme Judicial Court of Maine

DecidedDecember 6, 1880

StatusPublished

Cited by2 cases

This text of 70 Me. 383 (Hobbs v. Hobbs) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hobbs v. Hobbs, 70 Me. 383, 1880 Me. LEXIS 3 (Me. 1880).

Pincite

Opinion

Appleton, O. J.

This is an action of replevin by a husband against the wife, the marital relation between the parties being in full force.

Replevin is an action of tort. It was decided in Abbott v. Abbott, 67 Maine, 304, that a wife after divorce could not maintain an action for an assault committed on her during coverture.

A fortiori, an action of tort cannot be maintained by the one against the other during coverture.

Exceptions overruled.

Walton, Daneorth, Yirgin, Peters and Libbey, J J., concurred.

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Appleton, O. J.

This is an action of replevin by a husband against the wife, the marital relation between the parties being in full force.

Replevin is an action of tort. It was decided in Abbott v. Abbott, 67 Maine, 304, that a wife after divorce could not maintain an action for an assault committed on her during coverture.

A fortiori, an action of tort cannot be maintained by the one against the other during coverture.

Exceptions overruled.

Walton, Daneorth, Yirgin, Peters and Libbey, J J., concurred.

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Bluebook (online)

70 Me. 383, 1880 Me. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hobbs-v-hobbs-me-1880.

Opinion

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