Supreme Judicial Court of Maine, 1880

Hobbs v. Hobbs

Supreme Judicial Court of Maine · Decided December 6, 1880 · Appleton, Daneorth, Libbey, Peters, Walton, Yirgin

70 Me. 383; 1880 Me. LEXIS 3

Cases that cite this one

2 later published cases cite this decision.

Downs v. Poulin (Me. 1966)
Tresher v. McElroy (Fla. 1925)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.