Legal Opinion

Hodges v. . Hill

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 7 opinions

This was a civil action, begun before a Justice of the Peace, and tried before Graves, J., at February Term, 1890, of Lenoir Superior Court. From judgment dismissing the action, plaintiff appealed.

1Opinion of the Court

Clark, J.:

The only question' presented is whether a Justice of the Peace has jurisdiction of an action against a married woman'to recover a debt contracted prior-, to her marriage. This is not an open question. It has -been held that he has. Neville v. Pope, 95 N. C., 346. The Code, §1823, expressly provides that the liability’of & feme sole “shall not be altered or impaired” by her marriage. Dougherty v. Sprinkle, 88 N. C., 300, which holds that a Justice of the Peace has not jurisdiction of an action against a married woman, applies only to liabilities incurred by her while a feme covert,…

2Cases cited3 opinions

  1. Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
  2. Neville v. . PopeSupreme Court of North Carolina · 1886
  3. Smaw v. . CohenSupreme Court of North Carolina · 1886

3Cited by7 opinions

  1. Darden v. Neuse & Trent River Steamboat Co.Supreme Court of North Carolina · 1890
  2. Beville v. . CoxSupreme Court of North Carolina · 1891
  3. Bevill v. CoxSupreme Court of North Carolina · 1890
  4. Lancaster v. . LancasterSupreme Court of North Carolina · 1919
  5. Beville v. . CoxSupreme Court of North Carolina · 1890

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