Niemeyer v. Niemeyer
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shackleeobd, Judge. (1) The trial court erred in sustaining the demurrer to the petition. Whatever might have been the rule at common law, the wife may now, in Missouri, contract as a femme sole, and be sued as a .femme sole. R. S. 1889, sees. 1996 and 6864. The only limitation to her right to contract and sue as such femme sole is where her husband is the opposing or adversary party. Lindsay v. Archibald, 65 Mo.
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Error to the Cole Circuit Court. — Hon. D. W. Shackleeobd, Judge. (1) The trial court erred in sustaining the demurrer to the petition. Whatever might have been the rule at common law, the wife may now, in Missouri, contract as a femme sole, and be sued as a .femme sole. R. S. 1889, sees. 1996 and 6864. The only limitation to her right to contract and sue as such femme sole is where her husband is the opposing or adversary party. Lindsay v. Archibald, 65 Mo. App. 117; McCorJcle v. Goldsmith, 60 Mo. App. 475. (2) The terms of the statute are broad in favor of the wife’s emancipation. Section…
1Opinion of the CourtGill, J.
Plaintiffs, who are husband and wife, sued the defendant upon an alleged contract whereby said defendant agreed to pay the plaintiffs for the boarding, nursing, and expenses incurred in keeping £\nd caring for one Conrad Niemeyer, defendant’s son, who, it was alleged, was sick and afterward died. The circuit court sustained defendant’s demurrer to the petition on the alleged ground that the co plain tiffs, being husband and wife, were improperly joined as parties plaintiff; and said plaintiffs, declining to amend, suffered judgment to go against them and brought the case here by writ of error.
2Cases cited4 opinions
- Hart v. LeeteSupreme Court of Missouri · 1891
- Botts v. GoochSupreme Court of Missouri · 1888
- Dunifer v. JeckoSupreme Court of Missouri · 1885
- McCorkle v. GoldsmithMissouri Court of Appeals · 1895
3Cited by3 opinions
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Macks v. Columbia Theatre Co.Missouri Court of Appeals · 1900