McKune v. McGarvey & McKeon
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was an action against the defendants, Catherine McGarvey and Margaret McKeon on a note alleged to have been made by them jointly, as sole traders, under the Act of 1852, and also to foreclose a mortgage made by them in the same capacity, to secure the note. The complaint joins the husbands of the above-named defendants as parties defendant.
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Appeal from the District Court of the Sixth Judicial District. This was an action against the defendants, Catherine McGarvey and Margaret McKeon on a note alleged to have been made by them jointly, as sole traders, under the Act of 1852, and also to foreclose a mortgage made by them in the same capacity, to secure the note. The complaint joins the husbands of the above-named defendants as parties defendant. The defendants demurred to the complaint for a defect of parties, and specified the joinder of the two husbands as defendants, as ground of demurrer. The Court below overruled the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Justice Heydeneeedt concurred.
There was in this case an improper joinder of parties defendant.
The defendants, Catherine McG-arvey and Margaret McKeon are alleged to be sole traders under the Act of April, 1852. That Act provides that a married woman, taking advantage of its provisions, shall be the exclusive owner of all the money, debts, and property, invested in the business in which she is engaged, and shall be allowed all the privileges and be liable to all the legal processes now or hereafter provided by law against debtors…
2Cited by1 opinion
- Camden v. MullenCalifornia Supreme Court · 1866