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· 9/15/1872

City of Chicago v. Speer

Citations

  • 66 Ill. 154

Syllabus

<p>1. Married women—effect of act of 1861 on rights of action for a personal injury to wife. It is the settled law of this court that the effect of the married woman’s act of 1861 has been to divest rights of action grow- ” ing out of personal injuries to the wife, of their mixed nature at common law, by wholly extinguishing that of the husband, stripping him of all authority to reduce such damages to possession, or even interfere with them without the consent of the wife, and clothing her with all the absolute rights, power and control in and over such rights of action, as a feme sole.</p> <p>2. Parties—efect of a misjoinder of plaintiffs in an action ex delicto. Where suit was brought by husband and wife to recover damages for a personal injury to the latter, it was held that the case presented the ordinary one Of a joinder of too many plaintiffs, which, even in an action ex delicto, is a ground of nonsuit on the trial, and for the joinder of the husband in the action the judgment in favor of the plaintiffs was reversed.</p>

Judges: McAllister

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