Tapley v. Tapley
Supreme Court of Minnesota
This action was brought in the Dakota County District Court, by the plaintiff against the defendants, George W. Tapley, Martin O. Walker, Samuel S. Carll and Robert Buck. The material allegations of the complaint are substantially as follows : On or about the 25th November, 1858, the plaintiff (then Mary E. Bar-_ ker,) intermarried with defendant, George W. Tapley.
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This action was brought in the Dakota County District Court, by the plaintiff against the defendants, George W. Tapley, Martin O. Walker, Samuel S. Carll and Robert Buck. The material allegations of the complaint are substantially as follows : On or about the 25th November, 1858, the plaintiff (then Mary E. Bar-_ ker,) intermarried with defendant, George W. Tapley. On the 13th April, 1859, the father of plaintiff conveyed to her 80 acres in Dakota County (described in the complaint,) for her exclusive use and benefit. On the 1st September, 1860, plaintiff and her husband executed a conveyance…
1Opinion of the Court
By the Court —
Berrv, J.
— It appearing from the testimony of the respondent, who was plaintiff below, that she was a married woman and wife of one of the defendants, the counsel for the appellant moved to dismiss the action on the ground that the Court had no jurisdiction of the person of the plaintiff, insisting that the objection could be taken by motion at any stage of the trial.
This objection went to the legal capacity of the plaintiff to sue, and not having been taken by answer or demurrer, was waived. Pub. Stat., 540, Sec. 69. The motion was therefore properly overruled. Several…
2Cases cited1 opinion
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
3Cited by9 opinions
- Kocourek v. MarakTexas Supreme Court · 1881
- City National Bank v. KuswormWisconsin Supreme Court · 1894
- Turley v. EdwardsMissouri Court of Appeals · 1885
- Rumbaugh v. RumbaughSupreme Court of Oklahoma · 1913
- Dorsey v. BryansSupreme Court of Georgia · 1915
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