Supreme Judicial Court of Maine, 1880

Hobbs v. Hobbs

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

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.

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