Legal Opinion

Neville v. . Pope

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 33 opinions

MotioN to continue an injunction to the hearing, heard by Philips, Judge, at Chambers in Halifax, on November 18, 1885. This action is brought to obtain relief by injunction for the causes specified in the verified complaint, the material parts of which are as follows: “ 1. That on the.day of October, 1869, she and her husband, Elijah K. Neville, executed their note to one Rosa Pope, in the sum of fifty-five dollars, and that on the 3rd day of August, 1880, the defendant…

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MotioN to continue an injunction to the hearing, heard by Philips, Judge, at Chambers in Halifax, on November 18, 1885. This action is brought to obtain relief by injunction for the causes specified in the verified complaint, the material parts of which are as follows: “ 1. That on the.day of October, 1869, she and her husband, Elijah K. Neville, executed their note to one Rosa Pope, in the sum of fifty-five dollars, and that on the 3rd day of August, 1880, the defendant caused a judgment to be rendered on said note against the plaintiff and the said Elijah K. Neville, before John O’Brien,…

1Opinion of the CourtMerrimon, J.

(after stating the facts). It is not true, as seems to be supposed, that the court of a justice of the peace-has no jurisdiction in any case of a married woman, and of a cause of action against her, of which that court would ordi- . narily have jurisdiction, if the party sued were a feme sole, or a male person. There is no provision of the constitution, or of any statute of this State, that excepts her from such jurisdiction, nor is the nature of her marital relation such, under existing law, as to exempt her from it in all cases. She may be sued in that court for a debt due from her, or a…

2Cases cited5 opinions

  1. Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
  2. Vick v. . PopeSupreme Court of North Carolina · 1879
  3. Williamson v. . HartmanSupreme Court of North Carolina · 1885
  4. Nicholson v. . CoxSupreme Court of North Carolina · 1880
  5. Burgess v. . KirbySupreme Court of North Carolina · 1886

3Cited by33 opinions

  1. Roseman v. Roseman.Supreme Court of North Carolina · 1900
  2. Craddock v. . BrinkleySupreme Court of North Carolina · 1919
  3. Finger v. Hunter.Supreme Court of North Carolina · 1902
  4. Green v. . BallardSupreme Court of North Carolina · 1895
  5. Henderson v. . MooreSupreme Court of North Carolina · 1899

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