Rose v. Bates
Supreme Court of Missouri
APPEAL FROM MARION CIRCUIT COURT. 1st. For the purpose of settling the controversy between the complainant and defendant, all necessary parties are before the court. It is not material where a married woman sues as a feme-sole, that her husband should be a party to the suit if he be a non-resident of the State, or without the jurisdiction of the court. Strory’s Equity PI, §61, N. 4, 63, N. 3,77, 80, 135, a. 229, also Sec. 72. Edwards on Parties, 3. 2d.
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APPEAL FROM MARION CIRCUIT COURT. 1st. For the purpose of settling the controversy between the complainant and defendant, all necessary parties are before the court. It is not material where a married woman sues as a feme-sole, that her husband should be a party to the suit if he be a non-resident of the State, or without the jurisdiction of the court. Strory’s Equity PI, §61, N. 4, 63, N. 3,77, 80, 135, a. 229, also Sec. 72. Edwards on Parties, 3. 2d. The contract attempted to be enforced by the complainant, is not one required by the statute of frauds to be in writing; a party attempting a…
1Opinion of the CourtMcBride, Judge
AnnRose, by her next friend, brought her bill against Moses D. Bates, and others, in the Marion circuit court.
The bill charges that she has for many years last past been acting as a feme sole, by virtue of a contract of separation between her husband, Samuel rose, and herself, that she was possessed of a large property before her marriage with Samuel Rose, and upon their separation, a considerable portion of property, of various kinds, was secured to her, for her separate use, and free from the control of her husband.
That in the year 1835 the complainant removed from the State of Pennsylvania…
2Cases cited1 opinion
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
3Cited by37 opinions
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Slowey v. McMurraySupreme Court of Missouri · 1858
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
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