Smith v. Gorman
Supreme Judicial Court of Maine
On Exceptions to the acceptance of a referee’s report. From Nisi Prim, Appleton, J., presiding. This was an action of trover to recover for certain personal property held by the plaintiff in her own right, and alleged to have been converted by the defendants to their own use, one of the defendants being, in fact, the husband of the plaintiff.
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On Exceptions to the acceptance of a referee’s report. From Nisi Prim, Appleton, J., presiding. This was an action of trover to recover for certain personal property held by the plaintiff in her own right, and alleged to have been converted by the defendants to their own use, one of the defendants being, in fact, the husband of the plaintiff. Ey a rule of Court, the action was submitted to a referee, who made a report thereon against Gorman, but found the other defendant, (the husband of the plaintiff,) not guilty, and awarded him costs for travel and attendance, if in the opinion of the…
1Opinion of the CourtAppleton, J.
The writ in this case discloses no relationship between the plaintiff and either of the defendants. So far as the proceedings upon their face afford any indications, the action was rightly commenced.
At the return term a plea in abatement, alleging the plaintiff to be the wife of the defendant Smith, was filed.
By the common law a wife can only enforce her rights in conjunction with her husband. By statute 1848, c. 13, the wife is authorized to bring an action in her own name in vindication of her rights. So far as the statute gives her authority, she may commence and prosecute suits and no…
2Cited by7 opinions
- Peters v. PetersCalifornia Supreme Court · 1909
- Moulton v. MoultonSupreme Judicial Court of Maine · 1973
- Gowin v. GowinTexas Commission of Appeals · 1927
- Board of Trade v. HaydenWashington Supreme Court · 1892
- Claremont Bank v. ClarkSupreme Court of New Hampshire · 1865
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