Kalfus v. Kalfus
Court of Appeals of Kentucky
Case 99 — PETITION OBDINABY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. A married woman empowered by decree of court to act as a feme sole can not sue her husband at law. (Matson v. Matson, 4 Met., 262; Penn v. Green, 11 Ky. Law Eep., 812; Moran v. Moran, 12 Bush, 301; Eranldin ex parte, 79 Ky., 497; Hackett v. Metcalfe, 6 Bush, 352; Uhrig v. Horstman, 8 Bush, 172; Penn v. Young, 10 Bush, 628; Wiggins v. Johnson, 8 Ky.
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Case 99 — PETITION OBDINABY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. A married woman empowered by decree of court to act as a feme sole can not sue her husband at law. (Matson v. Matson, 4 Met., 262; Penn v. Green, 11 Ky. Law Eep., 812; Moran v. Moran, 12 Bush, 301; Eranldin ex parte, 79 Ky., 497; Hackett v. Metcalfe, 6 Bush, 352; Uhrig v. Horstman, 8 Bush, 172; Penn v. Young, 10 Bush, 628; Wiggins v. Johnson, 8 Ky. Law Eep , 349; Ereetliy v. Ereethy, 42 Barb., 642; Peters v. Peters, 42 Iowa, 182; Libby v. Libby, 79 Me., 186; Bailón v. Barton, 32 Md., 214; Smith v. Gorman, 41 Me., 405.) A…
1Opinion of the Court
JTJDGB PBYOB
DELIVERED THE OPINION OF THE COURT.
This is an appeal from the Superior Court and involves-the right of the husband and wife to contract with each other, and that of the wife to sue the husband at law on a plain note, executed during coverture, and to enforce' the judgment by an ordinary execution.
It is claimed this may be done under the statute empowering courts of equity to authorize married women to-manage and control their own estates, to contract and be-contracted with and to s.ue and be sued as if they were single.
The plaintiff in this case had been vested, upon thq petition…
2Cases cited1 opinion
- Matson v. MatsonCourt of Appeals of Kentucky · 1863
3Cited by4 opinions
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Kalfus v. Davie'sCourt of Appeals of Kentucky · 1915
- Leahy v. LeahyCourt of Appeals of Kentucky · 1895
- Brinkmann v. BrinkmannBaltimore City Superior Court · 1900