Legal Opinion

Bernhardt v. Perry

Supreme Court of Missouri

Decided January 25, 1919PublishedCited by 43 opinions

Ajipeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) A married woman, by statute, may sue in law or in equity, with, or without joining her husband as a party. R. S. 1909, sec. 8304. (2) The Statute of limitations does not operate against a married woman during coverture. R. S. 1909, sec. 1894; Lindell Co. v. Lindell, 142 Mo. 61; Linck v. Yorkauer, 104 Mo.

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Ajipeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) A married woman, by statute, may sue in law or in equity, with, or without joining her husband as a party. R. S. 1909, sec. 8304. (2) The Statute of limitations does not operate against a married woman during coverture. R. S. 1909, sec. 1894; Lindell Co. v. Lindell, 142 Mo. 61; Linck v. Yorkauer, 104 Mo. App. 368; Hall v. Frank, 165 Mo. 430; Graham v. Ketchum, 192 Mo. 15. (3) The Constitution requires that the courts of the State shall he open to every person, and certain remedy offered for every injury to person,…

1Opinion of the CourtWoodson, J.

The plaintiffs brought this suit in the Circuit Court of the City of St. Louis against the defendant, to recover $15,000 damages done the female plaintiff for personal injuries alleged to have been negligently inflicted upon the plaintiff, George Bernhardt, her huband-

The defendant filed a demurrer to the petition, which was by the circuit court sustained; and the plaintiffs declining to plead further, judgment was entered for the defendant, and in due time and in proper form the plaintiffs appealed the cause to this court.

The petition was as follows:

“Plaintiffs state that at all times…

2Cases cited3 opinions

  1. Clow v. ChapmanSupreme Court of Missouri · 1894
  2. Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
  3. Elliott v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1878

3Cited by43 opinions

  1. Dini v. NaiditchIllinois Supreme Court · 1960
  2. Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
  3. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  4. Montgomery v. StephanMichigan Supreme Court · 1960
  5. Acuff v. SchmitSupreme Court of Iowa · 1956

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