Northum v. Kellogg
Supreme Court of Connecticut
This was an action of trespass qnare clausum fregiU brought by Joel K. Northum, William B. Nurihmn, Lucy-Ann Northum, and John C. Northum, against Alfred Kellogg, to the county court, in March, 1841. The cause being appealed to the superior court, the defendant, at the February term, 1842. [¡leaded in abatement, that Lucy Ann Northum, one of the plaintiffs, since the term of the court ,to which the writ was made returnable, viz. on the 29th of June, 1841, was lawfully…
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This was an action of trespass qnare clausum fregiU brought by Joel K. Northum, William B. Nurihmn, Lucy-Ann Northum, and John C. Northum, against Alfred Kellogg, to the county court, in March, 1841. The cause being appealed to the superior court, the defendant, at the February term, 1842. [¡leaded in abatement, that Lucy Ann Northum, one of the plaintiffs, since the term of the court ,to which the writ was made returnable, viz. on the 29th of June, 1841, was lawfully married to Jabez H. Fuller, who is still living, and is yet the husband of said Lucy-Ann ; and the said Jabez H. Fuller has…
1Opinion of the CourtStorks, J.
Lucy-Ann Northum, one of the plaintiffs, having, since the commencement of this suit, intermarried with Jabez H. Fuller, the first, question reserved for our advice, is, whether, under the circumstances of the case, such marriage should be allowed to be suggested on the record, and the said Fuller permitted to prosecute the suit wish the other plaintiffs. This, clearly, could not be, done, by the common law. But it is claimed to be allowable under the statute, which provides, that £l no action commenced by a single woman, who intermarries during the pendency thereof, shall abate, on account…
2Cases cited1 opinion
- Ludlow v. McCreaNew York Supreme Court · 1828
3Cited by2 opinions
- Angelina R. Eberly and Peyton Lytle, by His Next Friend, A. B. Eberly, in Error v. Lewis Moore and Charles RaylonSupreme Court of the United States · 1861
- Johnson v. New York & New England RailroadSupreme Court of Connecticut · 1888