Free v. Maxwell
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. 8. Lake, Judge; A wife cannot sue at law her husband or his estate. She can only sue in equity unless Act No. 159, Acts 1915, be construed so as to confer the power to sue at law. Acts 1915, p. 624, No. 159, p. 624; 30 Ark. 1. While this act enlarges the rights of married women to sue and be sued, it has no reference to the rules of production of evidence. Such statutes are strictly construed.
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Appeal from Polk Circuit Court; J. 8. Lake, Judge; A wife cannot sue at law her husband or his estate. She can only sue in equity unless Act No. 159, Acts 1915, be construed so as to confer the power to sue at law. Acts 1915, p. 624, No. 159, p. 624; 30 Ark. 1. While this act enlarges the rights of married women to sue and be sued, it has no reference to the rules of production of evidence. Such statutes are strictly construed. Lewis’ Sutherland on Stat. Const., Yol. 2 (2 ed.), pp. 1056-8, § § 572-3. Jurisdiction cannot be created or taken away by implication except where the implication is…
1Opinion of the CourtHumphreys, J.
Appellee, widow and administratrix of the estate of Henry Maxwell, deceased, presented a claim, properly authenticated, for $500 and interest against the estate for money loaned her husband in his lifetime. She allowed the claim in her capacity as administratrix. It was then filed with the probate clerk of Polk County. The probate judge made the following indorsement on the claim: “Allowed as 4th class. 6-10-’18.” A judgment, which bears no date of making or entry, was rendered by the probate court, allowing said claim as a 4th class claim. On the 9th day of October, 1918, appellant, mother…
2Cases cited6 opinions
- Fitzpatrick v. OwensSupreme Court of Arkansas · 1916
- Ex parte MortonSupreme Court of Arkansas · 1900
- Stricklin v. GallowaySupreme Court of Arkansas · 1911
- Wulff v. DavisSupreme Court of Arkansas · 1913
- Nunnally v. BeckerSupreme Court of Arkansas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Webster v. TelleSupreme Court of Arkansas · 1928
- Hill v. McClintockSupreme Court of Arkansas · 1928
- Hord v. MannersSupreme Court of Arkansas · 1928