Gillespie v. Gillespie
Supreme Court of Minnesota
Action in the district court for Hennepin county by Louise Gillespie against James W. Gillespie, her husband, and the Farmers’ & Mechanics’ Savings Bank of Minneapolis, for conversion of $775, alleged to have been deposited by defendant Gillespie in said bank.
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Action in the district court for Hennepin county by Louise Gillespie against James W. Gillespie, her husband, and the Farmers’ & Mechanics’ Savings Bank of Minneapolis, for conversion of $775, alleged to have been deposited by defendant Gillespie in said bank. Defendant Gillespie demurred to the complaint, on the ground that the court had no jurisdiction of defendant or the subject of the action; that plaintiff had no legal capacity to sue; that there was a defect of parties; and that the complaint did not state facts sufficient tó constitute a cause of action. From an order, Elliott, J.,…
1Opinion of the CourtMitchell, J.
G. S. 1894, § 5530, provides that “women shall retain the same legal existence and legal personality after marriage as before marriage, and shall receive the same protection of all her rights, as a woman, which her husband does, as a man; and for any injury sustained to her reputation, person, property, character, or any natural right, she shall have the same right to appeal in her own name alone to the courts of law and equity, for redress and protection, that her husband has to appear in his name alone.” Section 5531 provides that “all property, real, personal and mixed and c-hoses in…
2Cases cited1 opinion
- Spencer v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
3Cited by16 opinions
- Busch v. Busch Construction, Inc.Supreme Court of Minnesota · 1977
- Fitzmaurice v. FitzmauriceNorth Dakota Supreme Court · 1932
- Kyle v. KyleSupreme Court of Minnesota · 1941
- Grace v. GraceSupreme Court of Minnesota · 1905
- State v. ArnoldSupreme Court of Minnesota · 1931
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