Legal Opinion

Burdick v. Burdick

Supreme Court of Rhode Island

Decided March 2, 1889Published

Bill in Equity for an injunction. On demurrer to the bill.

1Opinion of the CourtStiness, J.

The defendants in this suit, having recovered a judgment against the complainants in trespass and ejectment, 1 have levied their execution for costs upon the real estate of the complainant, Susan E. Burdick, wife of Reuben Burdick. The complainants by this bill seek to restrain proceedings under the levy, upon the ground that the property of a married woman is not liable to attachment on execution in trespass and ejectment. A married woman is liable for her torts. Trespass and ejectment, even when title is in dispute, is in the nature of a tort action. The wrong doing of the defendants…

2Cases cited3 opinions

  1. Smith v. TaylorSupreme Court of Georgia · 1852
  2. Fox v. HatchSupreme Court of Vermont · 1842
  3. Moore v. RichardsonSupreme Judicial Court of Maine · 1854

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API