Hoffmann v. Hoffmann's
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) The court had no jurisdiction. First. A married woman can ■ only sue her husband in equity, and the probate court has no equity jurisdiction. Bishop’s Married Women, sec. 610; Story’s Equity Jurisprudence, secs. 1367, 1372, 1374; LlgenfriU v. llgenfrits, 49 Mo. App. 127; Church v. McJElhinney, 61 Mo. 540; Church v. Bobberson, 71 Mo. 326; Scudder v. Ames, 89 Mo. 496. Second.
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Appeal from St. Louis City Circuit Court. (1) The court had no jurisdiction. First. A married woman can ■ only sue her husband in equity, and the probate court has no equity jurisdiction. Bishop’s Married Women, sec. 610; Story’s Equity Jurisprudence, secs. 1367, 1372, 1374; LlgenfriU v. llgenfrits, 49 Mo. App. 127; Church v. McJElhinney, 61 Mo. 540; Church v. Bobberson, 71 Mo. 326; Scudder v. Ames, 89 Mo. 496. Second. This is no case of a demand against an estate for the debt of a decedent. Butler v. Lawson, 72 Mo. 227; Perry on Trusts, sec. 666;' Walker v. Parker, 5 Wall. 744; Gordon v.…
1Opinion of the CourtMaofarlane, J.
— The action was commenced in the probate court on the following demand:
“The petition of Isabella Hoffmann respectfully shows to the court that heretofore, to wit, on the nineteenth day of March, 1892, John Hoffmann departed this life, and that the St. Louis Trust Company is executor of his estate.
“Your petitioner further shows that she became the wife of said John Hoffmann in the month of March, A. D. 1886; that, 'just prior to the marriage, she and the said John Hoffmann entered into an antenuptial contract, dated the eighth day of March, 1886, and is on record in the office of the recorder…
2Cases cited9 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- State v. GlahnSupreme Court of Missouri · 1888
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Chouquette v. BaradaSupreme Court of Missouri · 1859
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3Cited by28 opinions
- North v. HawkinsonSupreme Court of Missouri · 1959
- Mathews v. PrattSupreme Court of Missouri · 1963
- State v. BurlingameSupreme Court of Missouri · 1898
- Wright v. BrownMissouri Court of Appeals · 1897
- Winn v. RileySupreme Court of Missouri · 1899
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