Bruce v. Bruce
Supreme Court of Alabama
Appeal from tbe Circuit Court of Conecub. Tried before tbe Hon. John P. Hubbabd. Tbis action was brought by Eliza Bruce against ber bus-band, Stephen Bruce, to recover four bead of cattle, and was commenced on tbe 26th August, 1889. Tbe _ parties were formerly slaves, and were married after emancipation ; and they lived together until February, 1887, when-they separated.
Read the full summary
Appeal from tbe Circuit Court of Conecub. Tried before tbe Hon. John P. Hubbabd. Tbis action was brought by Eliza Bruce against ber bus-band, Stephen Bruce, to recover four bead of cattle, and was commenced on tbe 26th August, 1889. Tbe _ parties were formerly slaves, and were married after emancipation ; and they lived together until February, 1887, when-they separated. Tbe cattle were bought before their separation, one from a Mr. Hammond, and the mother of tbe others from Mr. Ingram ; and each party claimed to have furnished tbe money to pay for them. Tbe plaintiff testified that tbe money…
1Opinion of the CourtWalkeb, J.
Tbe statute provides, in general terms, that tbe wife must sue alone for tbe recovery of ber separate property. — Code of Ala., § 2347. Tbe language is broad enough to include a suit by ber against ber husband. Tbe conclusion that tbe wife may now sue ber husband at law is supported by other provisions of tbe “Married Woman’s Statute.” Important contract and property rights of tbe wife, for tbe enforcement of wbicb the statute requires ber to sue alone, are so far without tbe influence of tbe marital relation that they may as well be violated by tbe husband as by any stranger. Tbe earnings of…
2Cases cited5 opinions
- Rooney v. Michael & LyonsSupreme Court of Alabama · 1887
- Ramage v. TowlesSupreme Court of Alabama · 1888
- Carter v. Worthington & SmithSupreme Court of Alabama · 1886
- Memphis Charleston Railroad v. BynumSupreme Court of Alabama · 1890
- Bush v. HenrySupreme Court of Alabama · 1888
3Cited by14 opinions
- Owens v. Auto Mut. Indemnity Co.Supreme Court of Alabama · 1937
- Hamilton v. HamiltonSupreme Court of Alabama · 1950
- Penton v. PentonSupreme Court of Alabama · 1931
- Friedman v. FriedmanSupreme Court of Alabama · 2007
- Cook v. CookSupreme Court of Alabama · 1899
9 more not listed; retrieve them via the Exa API.