Van Rheeden v. Bush
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Statutes must be construed in reference to the subject-matter, the objects which prompted and induced the enactment, and the mischief they were intended to remedy. Spiller n. Young, 63 Mo. 42; Henschell v. Smith, 50 Mo. 454 ; Bolton n.
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Appeal from, the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Statutes must be construed in reference to the subject-matter, the objects which prompted and induced the enactment, and the mischief they were intended to remedy. Spiller n. Young, 63 Mo. 42; Henschell v. Smith, 50 Mo. 454 ; Bolton n. Bans down, 21 Mo. 399 ; Hay don ’ s Case, 3 Rep. 7. The mischief intended to be remedied by section 1996 was the confusion caused by the conflicting and changing decisions of the supreme court, and (with all due respect) of the two courts of appeals, as to remedies against married…
1Opinion of the CourtRombauer, P. J.
The only point presented by this appeal is, whether a married woman can now be sued at law on a contract made by her prior to the adoption of the Revised Statutes of 1889, and made by her while she was a married woman. The plaintiff brought a suit at law by general attachment to enforce such contracts, made by the defendant while married and doing business as a feme sole trader. The defendant’s demurrer to the petition being sustained, and the plaintiff declining to plead further, judgment was entered in favor of the defendant upon the demurrer; hence this appeal.
The sections of the statute,…
2Cases cited7 opinions
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Turner v. ShawSupreme Court of Missouri · 1888
- Davis v. SmithSupreme Court of Missouri · 1881
- Porter v. MarinerSupreme Court of Missouri · 1872
- Bolton v. LansdownSupreme Court of Missouri · 1855
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3Cited by4 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Lindsay v. ArchibaldMissouri Court of Appeals · 1896
- Bragg v. IsraelMissouri Court of Appeals · 1900
- Gazollo v. McCannMissouri Court of Appeals · 1895