Nickerson v. Nickerson

Citations

• 65 Tex. 281
• 1886 Tex. LEXIS 654

Syllabus

<p>1. Tort—Husband and wife—Right of action—A tort inflicted upon the wife by her husband and another, gives to the wife no right of action against the husband, and for such an injury, in so far as the husband is concerned, no compensation can be given to the wife, through a civil action. (Citing Cooley on Torts 223, 227; Peters v. Peters, 42 Iowa 182; Longendyke v. Longendyke, 44 Barb. 366.</p> <p>2. Same—Cause of action—Divorce—Whatever cause of action the wife,has for a tort upon her by her husband and another, accrued when the acts of which she complains were committed ; and the fact that a divorce -has subsequently been granted, cannot make that a cause of action which was not such at the time of the injury. (Citing Phillips v. Barnett, 1, 2 Bishop on Div. 438, and Abbott v. Abbott, 67 Me. 304.)</p> <p>3. Same—Married woman—Discoverture—Suit—The wife has capacity to be a recipient of wrong as well' as of property, the same as though she were a feme sole; and, if she be slandered, or an assault and battery be committed upon her, or any trespass or other actionable wrong, by a person other than her husband, she may, after discoverture, prosecute, alone, a suit against the wrongdoer, whether commenced before or after the discoverture, the same as though she had been sole when she received the injury.</p> <p>4. Same—Cause of action—Husband and wife—Damages—Community property— Separate property—A cause of action, the foundation of which is a tort inflicted upon the wife by the husband and another, is not a community right, but is a separate right -of the wife; and damages, if recovered in a suit by the wife on such a cause of action, would be her separate property.</p> <p>Cask distinguished and approved—The case of Ezell v. Dodson, 6Ó Tex. 334, distinguished from this case, and the doctrine announced therein, that damages to be recovered from a third person for a tort committed upon a wife by such person alone, would be community property, approved as a general prop