Sisco v. Cheeney
This text of 1 Wright 9 (Sisco v. Cheeney) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
If the tort complained of were by the husband, and wif & jointly, suit should be against the husband alone, for the law intends the whole his act. 2 Com. Dig. 111. If the action [10]*10be against husband and wife jointly for a tort they could not jointly commit, or against the husband alone for the separate act of the wife, and the objection appear on the face of the pleadings, tha 10] *defendant may demur, move in arrest of judgment, or bring his writ of error. 2 Com. Dig. 111. 1 Ch. Pl. 80. So if the action be joint, and the husband he found not guilty, the action fails. Brownl. 209, Yelv. 106. If a verdict is taken, therefore, what good would result to the plaintiff, if we must arrest the judgment upon it?
Verdict and judgment for the defendant.
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Cite This Page — Counsel Stack
1 Wright 9, 1 Ohio Ch. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sisco-v-cheeney-ohio-1831.