Byrd v. Babin

ODOM, Justice.

Plaintiff is a married woman living with her husband under the community régime. She brought the present suit to recover a certain amount which she alleged was due her ■by the defendants. Defendants excepted to her capacity to sue on the alleged ground that the petition shows that the amount which plaintiff seeks to recover is a debt due the community and not to the plaintiff individually, and therefore the suit should have been brought by the husband and not by the wife. The exception to plaintiff’s capacity to sue was sustained by the lower court, and she appealed.

According to…