Nicholson v. Flynn
Missouri Court of Appeals
Appeal from Grundy Circuit Court, Hon. G. D. Burgess, Judge. The case is stated in the opinion. I. The court erred in sustaining demurrer to plaintiffs’ petition. It alleges that she was doing business with her own separate money and personal effects, which is equivalent to saying that the means nsed in the business was “ her separate property.”
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Appeal from Grundy Circuit Court, Hon. G. D. Burgess, Judge. The case is stated in the opinion. I. The court erred in sustaining demurrer to plaintiffs’ petition. It alleges that she was doing business with her own separate money and personal effects, which is equivalent to saying that the means nsed in the business was “ her separate property.” Rev. Stat., sect. 3296; Laws of Mo., 1883, p. 113. It also alleged that she was doing business in her own name and behalf,, and with her own separate money and personal effects, and that her husband devoted his time and attention to the management of…
1Opinion of the CourtEllison, J.
The point on which this case has reached this court is as to the sufficiency of the following petition,' omitting formal parts :
“That Mary L. Flynn is a married woman, and is •the wife of defendant, Henry Flynn, who, for that reason, is joined with her as a party defendant in this suit. That the defendant, Mary L. Flynn, on and prior to the tenth day of December, 1884, was engaged in and carrying on a retail grocery and provision store in Trenton, Missouri, in her own name and behalf, with her own separate money and personal effects, derived by gift or *575inheritance, together with the income,…
2Cases cited6 opinions
- Davis v. SmithSupreme Court of Missouri · 1881
- Paul v. LeavittSupreme Court of Missouri · 1873
- Martin v. ColburnSupreme Court of Missouri · 1885
- Klenke v. KoeltzeSupreme Court of Missouri · 1881
- State ex rel. Stevens v. WaplesMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bachman v. LewisMissouri Court of Appeals · 1887
- Powell v. ScottMissouri Court of Appeals · 1891