Dillaye v. Parks

By the Court, Brown, J.

The disability of the plaintiff, who is a married woman, did hot appear upon the face of the .complaint. If the defendant, therefore, intended to avail himself of the coverture as a defense to the action, he should have set it up in the answer. - She might then have shown, if it-was in her power, that the action concerned her separate estate, and the precise question upon which the referee decided in favor of the defendant would have been presented by the pleadings. The defendant, however, in his answer, denied each and. every allegation in the complaint only, and thus…