Legal Opinion

Wisdom v. Newberry

Missouri Court of Appeals

Decided April 5, 1888PublishedCited by 3 opinions

Appeal from Audrain Circuit Court, Hon. E. M. Hughes, Judge. The case is stated in the opinion. I. The judgment as to the wife is a personal judgment against a married woman and is, therefore, void. Corrigan v. Bell, 73 Mo. 53 ; Higgins v. Peltzer, 49 Mo. 156. The case of Merrill v. St. Louis, S3 Mo. 244, does not change the rule. That was an action for the wife’s 'tort, for which she has always been held personally liable. This is an action on her contract for damages.

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Appeal from Audrain Circuit Court, Hon. E. M. Hughes, Judge. The case is stated in the opinion. I. The judgment as to the wife is a personal judgment against a married woman and is, therefore, void. Corrigan v. Bell, 73 Mo. 53 ; Higgins v. Peltzer, 49 Mo. 156. The case of Merrill v. St. Louis, S3 Mo. 244, does not change the rule. That was an action for the wife’s 'tort, for which she has always been held personally liable. This is an action on her contract for damages. In Johnson v. Gantry, 83 Mo. 339, and Keating v. Korfhage, 88 Mo. 524, decided after the Merrill case, the court held a…

1Opinion of the CourtHall, J.

This action was begun before a justice of the peace against the female defendant, then an unmarried woman, under the name of “Mrs. M. A. Palmer.” The plaintiff had judgment and the defendant appealed to the circuit court. Thereafter, Mrs. Palmer married *245E. N. Newberry, and that fact being suggested by the plaintiff by motion asking that the husband be made a party defendant, it was so ordered, and he thereupon entered his appearance. Afterwards the case was proceeded with to trial resulting in a. judgment for plaintiff against defendants in the sum of eleven dollars, from which the defendants…

2Cases cited4 opinions

  1. Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
  2. Fisher v. GoebelSupreme Court of Missouri · 1867
  3. Babb v. BruereMissouri Court of Appeals · 1886
  4. Gruen v. BambergerMissouri Court of Appeals · 1881

3Cited by3 opinions

  1. Ahmann v. KemperSupreme Court of Missouri · 1938
  2. Schenk v. ForresterMissouri Court of Appeals · 1903
  3. Todd v. WorksMissouri Court of Appeals · 1892

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