Pleading

Pleading

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...the like. Accordingly, if he died pendente lite, the action could be continued by her alone. But if she died, the action, for slander, would abate; nor could he institute any fresh action in his own name to recover any damages for any supposed injury to himself as husband. If the action were for injury to the person by negligence or default, it did not abate by the death of the wife, but her personal representative could be substituted as plaintiff and prosecute the suit to final judgment and satisfaction.' 'Code of 1904, article 75, section 34. 'In Newcomer 1: . Kean, 57 Md. 122, the court, (Robinson, J., ) say: "The wife could not sue alone because of her disability as feme covert, and because the husband is entitled to the judgment. Nor could the husband sue alone, because the foundation of the action is the injury to the wife, and his rights are therefore secondary only, and derivative through the marital relation, and should he die before payment of the judgment, the wife would be entitled to it by the right of survivorship. For the same reasons, the claim to damages must be made on behalf of the plaintiffs, the husband and wife." See also, Balto. City Pass. Railway Co. 1: . Kemp, 61 Md. 81. N. O. R. W. Co. 1: . Mills, 61 Md. 355. "Act of 1888, chapter 262. Code of 1904, article 75, section 26. 435. In cases of personal Injuries, including Injuries lo character, afler marrlage--The common-law rule. In these cases the husband could sue alone for his consequential injuries, and, at the same time, an action could be brought in the joint names of husband and wife for damages claimed by them jointly for the personal suffering sustained by her. But, as the object of the two actions is essentially...show more

Product details

  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236886089
  • 9781236886088