Hobbs v. Hobbs

Supreme Judicial Court of Maine
Hobbs v. Hobbs, 70 Me. 383 (Me. 1880)
1880 Me. LEXIS 3
Appleton, Daneorth, Libbey, Peters, Walton, Yirgin

Hobbs v. Hobbs

Opinion of the Court

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.

Reference

Full Case Name
George H. Hobbs v. Helen E. Hobbs
Cited By
2 cases
Status
Published