Nininger v. Board of County Commissioners
Supreme Court of Minnesota
This action was commenced in the Ramsey County District Court by the plaintiff, a married woman, who sued by her next friend, to collect of the defendant certain interest coupons which were attached to and made a part of a certain bond of the county of Carver.
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This action was commenced in the Ramsey County District Court by the plaintiff, a married woman, who sued by her next friend, to collect of the defendant certain interest coupons which were attached to and made a part of a certain bond of the county of Carver. The allegations of the complaint which are material to the points decided are, “that the defendants’ being thereto duly authorized, executed in due form of law and issued, and for value delivered” the bond in suit to one George Fuller; it sets out the bond “haee verba" signed by the Commissioners of said county, attested by the clerk of…
1Opinion of the Court
By the Court —
Wilson, O. J.
— If it was admitted, as claimed by the defendants’ counsel, that this action was not commenced in the proper county, the error would not deprive the Court of jurisdiction, and would not therefore be reached by this demurrer. See Merrill vs. Shaw, 5 Minn., 148.
Nor is the objection well taken that the husband of the plaintiff should have been made a party in this action.
When a married woman sues for her separate property the husband, is not a necessary party, plaintiff or defendant. Compiled *135Statutes, 535, section 30; Furlong vs. Griffing, 3 Minn., 204; Hollingsworth…
2Cases cited7 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Hollingsworth v. State ex rel. HarveyIndiana Supreme Court · 1856
- Darby v. . CallaghanNew York Court of Appeals · 1857
- Gee v. LewisIndiana Supreme Court · 1863
- Chaska Co. v. Board of SupervisorsSupreme Court of Minnesota · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kennedy v. WilliamsSupreme Court of Minnesota · 1866
- Rogers v. Le Sueur CountySupreme Court of Minnesota · 1894
- Rich v. RichSupreme Court of Minnesota · 1867
- Wiley v. Board of EducationSupreme Court of Minnesota · 1866