Lavelle v. Stifel
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. If the husband was properly a party in the first instance, then upon the divorce he was, as to the plaintiff’s rights in this action, civilly dead. Hunt r>. Thompson, 61 Mo. 148-51. But the right of action was in the plaintiff alone. Our laws regulating the rights of married women should be liberally construed. McCoy v. Hyatt, 80 Mo. 130; Harris v. Bohte, 19 Mo. App. 529; State v. Mertz, 14 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. If the husband was properly a party in the first instance, then upon the divorce he was, as to the plaintiff’s rights in this action, civilly dead. Hunt r>. Thompson, 61 Mo. 148-51. But the right of action was in the plaintiff alone. Our laws regulating the rights of married women should be liberally construed. McCoy v. Hyatt, 80 Mo. 130; Harris v. Bohte, 19 Mo. App. 529; State v. Mertz, 14 Mo. App. 58. Although the contract of a married woman, having no separate estate, is, while executory, non-enforceable for…
1Opinion of the CourtBiggs, J.
There was a trial in th s case before a jury, which resulted in a verdict and judgment for the plaintiff in *527'the sum of twenty-one hundred and forty-five dollars. The defendant filed the following motion in arrest of judgment, to-wit: “ Upon the face of the record in this •case it appears that at the time of contract alleged, and the performance of the services alleged, that plaintiff was a married woman, and that she had no right to the -proceeds of said contract, nor to damages for the alleged breach thereof, but that, under the law, her husband is the proper party to maintain this action.”
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2Cases cited1 opinion
- Hunt v. ThompsonSupreme Court of Missouri · 1875
3Cited by4 opinions
- Plummer v. City of MilanMissouri Court of Appeals · 1897
- Courtney v. SheehyMissouri Court of Appeals · 1889
- Kroner v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Whalen v. BakerMissouri Court of Appeals · 1891