Legal Opinion

Hubert v. Fera

Massachusetts Supreme Judicial Court

Decided March 15, 1868PublishedCited by 3 opinions

Contract by the keeper of a boarding-house on an account for board and lodging furnished by the plaintiff to the defendant’s wife.

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Contract by the keeper of a boarding-house on an account for board and lodging furnished by the plaintiff to the defendant’s wife. Trial in the superior court, before Wilkinson, J. Objection having been taken in the answer that the plaintiff was a married woman and had not alleged in her writ or declaration that the cause of action was a matter having relation to her separate property or business, the judge ruled that it was sufficient if the plaintiff’s right to sue on the Gen. Sts. c. 108, § 3, was proved, without such an allegation. One of the-grounds of defence was, that during the time…

1Opinion of the CourtFoster, J.

1. When a suit at law is brought by or against a married woman, for a cause of action to which she is entitled, or for which she is liable, under our statutes it is not necessary to allege in the writ her marriage and that the subject matter of the suit was her sole and separate property or services. It is sufficient if the facts disclosed at the trial establish her right to recover, or her liability on account of her separate property. Van Burén v. Swan, 4 Allen, 380. Robbins v. Potter, 11 Allen, 588; S. C. 98 Mass. 532. Even at common law the rule was the same. “ Where the feme was…

2Cases cited1 opinion

  1. Robbins v. PotterMassachusetts Supreme Judicial Court · 1868

3Cited by3 opinions

  1. Barney v. TourtellotteMassachusetts Supreme Judicial Court · 1884
  2. Babcock v. SlaterMassachusetts Supreme Judicial Court · 1912
  3. Fiske v. BigelowDistrict of Columbia Court of Appeals · 1876

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