Rader v. Neal
West Virginia Supreme Court
Appeal from a decree of the circuit court of Green-brier county, rendered on the 27th day of November, 1874, in a cause, in said court then pending, in which J. G. Rader and others were plaintiffs, and Christopher A. Neal and others were defendants, allowed on the petition of Cyrus H. McClung and others. Hon Homer A. Holt, judge of the'eighth judicial circuit, rendered the decree, appealed from.
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Appeal from a decree of the circuit court of Green-brier county, rendered on the 27th day of November, 1874, in a cause, in said court then pending, in which J. G. Rader and others were plaintiffs, and Christopher A. Neal and others were defendants, allowed on the petition of Cyrus H. McClung and others. Hon Homer A. Holt, judge of the'eighth judicial circuit, rendered the decree, appealed from. Moore, Judge, furnishes the following statement of the ease: On the 24th day of September, 1860, Green A. Rader and Christopher A. Neal, entered into a written contract, whereby said Rader bound…
1Opinion of the CourtMoobe, Judge
By chapter 66, section 12, Code p. 449, a married woman may sue and be sued without joining her husband in the suit, where the action concerns her separate property. Mrs- Dickson, as devisee of E. W. Bader, deceased, had the righr to sue without making her husband a party to the cause, as she held the property in controversy, under the will of E. W. Bader, as separate property.
Syllabus 2. Although Mrs. Dickson might have had ample remedy at lawto enforce the $1,916.93 claim against G. A. Bader, yet by filing her bill in chancery a complete and full settlement of the two transactions, the…
2Cases cited3 opinions
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3Cited by16 opinions
- Berry v. WiedmanWest Virginia Supreme Court · 1894
- Cann v. CannWest Virginia Supreme Court · 1894
- Hawes v. SwanzeySupreme Court of Iowa · 1904
- Morrison v. WaggyWest Virginia Supreme Court · 1897
- Johnson v. Ohio River RailroadWest Virginia Supreme Court · 1906
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