Fernandez v. Fernandez

A wife living apart from her husband sued in replevin to recover certain of her chattels that he held, and damages for their detention. The trial court sustained the husband’s demurrer to the declaration on the ground that the wife could not sue her husband at law, but must go into equity to obtain the return of the property. The appeal is from the judgment for the husband for costs.

Replevin is an action ex delicto founded upon a tortious detention of chattels, for which damages may be allowed. Despite the passage in 1898 of the Married Women’s Act, Code, 1951, Art. 45, Sec. 5 (hereinafter…