Chapman v. Hardy

Decided April 15, 1807

Supreme Court of South Carolina · decided 1807-04-15

Motion in arrest of judgment. The action was trespass, for assaulting and beating the plaintiffs, to their damage. Verdict for plaintiffs, in Richland district, before Trezevant, J. In support of the motion, Nott cited 2 Com. Dig. 107, 8. 1 Com. Dig. 148,147. 1 Esp. Dig. 316. 2 Com. Dig. 111. 2 Wils. 227. 2 Cro. 573, 655. 2 Ld. Raym. 1208. Cro. Ja. 655. Hard. 166. The wife cannot join in an action for the battery of her husband. 1 Vent. 328. 2 Ventris, 29.

Decided 1807-04-15

Brevard, J.,

¶1declared the resolution of the whole court, Wilds, J., absent. Husband and wife cannot join for the battery of both, The battery of the husband is a distinct cause of action, in which the wife has no interest which can survive to her, and in which she cannot join. The objection maybe taken advantage of by plea in abatement, by demurrer; or after verdict, by motion in arrest of judgment. See Theol. Dig. s. 10, c. 15. 1 Com. Dig. Abatement. G. 4. 2 Com. Dig. Baron and Feme, Y.

¶2Judgment arrested.