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36 Iowa 562

Luse v. Oaks

Supreme Court of Iowa

Decided June 12, 1873

Supreme Court of Iowa · decided 1873-06-12

<p>Husband and wife: Liability for wife’s torts. The case of McElfresh v. Kvrlcendall, ante, 224, holding that the husband is liable for the torts of the wife, and may be sued jointly with her for slanderous words spoken by her, followed.</p>

Decided 1873-06-12

Day, J.

¶1— The plaintiff filed her petition claiming of defendants $5,000 damages for slanderous words spoken by one of defendants, Mary Oaks, the wife of the other defendant, Nicholas Oaks. The defendant Nicholas Oaks demurred, upon the ground that he is not jointly liable for slander committed by his wife. The court sustained the demurrer, and plaintiff appeals.

¶2This precise question was decided adversely to this ruling of the court in McElfresh v. Kirkendall at the present term, ante, 224. Following that decision the judgment is

¶3Eeversed.

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