Tinker v. Colwell
Citations
- 193 U.S. 473
- 24 S. Ct. 505
- 48 L. Ed. 754
- 1904 U.S. LEXIS 921
Syllabus
<p>The personal and exclusive rights of a husband with regard to the person ■ of his wife are interfered with and invaded by criminal conversation with ' her, and such an act constitutes an assault even when the wife consents to the act, as such consent cannot affect the rights of the husband against the wrongdoer; and the assault constitutes an injury to the husband’s rights and property which is both malicious and willful within the meaning of subdivision 2 of section 17 of the Bankruptcy Act of 1898, and a judgment obtained by the husband on such a cause of action is not released by the judgment debtor’s discharge in bankruptcy.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- assessing extent to which previous interpretations of “malicious” remained viable after Supreme Court’s Geiger decision clarified “willful” to embody intent type discussed above
- “Malice, in common acceptation, means ill will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.” (emphasis added) (quoting Bromage v. Prosser, 4 Barn. & Cress. 247, 107 Eng. Rep. 1051 (K.B.1825
Source: CourtListener parenthetical corpus (CC0).
Judges: Peckham, Brown, White, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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