Maysville & Lexington R. R. v. Herrick
Court of Appeals of Kentucky
Case 17 — PETITION ORDINARY APPEAL FROM BOURBON CIROUIT COURT. 1. The court below erred in not postponing the trial on the affidavits filed. 2. The appellee, a married woman, who came to this state in 1870 from Ohio, without her husband, he having before that time resided in this state, could not sue alone.
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Case 17 — PETITION ORDINARY APPEAL FROM BOURBON CIROUIT COURT. 1. The court below erred in not postponing the trial on the affidavits filed. 2. The appellee, a married woman, who came to this state in 1870 from Ohio, without her husband, he having before that time resided in this state, could not sue alone. Her status and the marital rights of her husband were fixed by the Revised Statutes in force in 1870, providing that “A married woman who shall come to this from another state or country without her husband, he never having resided here, may contract, buy and sell, sue and be sued, as an…
1Opinion of the CourtChief Justice Lindsay
The appellee, Nannie J. Herrick, is a married woman. Her husband was at one time a citizen of this state, but removed to .Ohio some years since. In 1870 Mrs. Herrick returnéd to Kentucky, and has since that time been an inhabitant of Paris, Bourbon County. Her husband has continued to reside in Ohio. Mrs. Herrick instituted this action in her own name, and did not make her husband a party plaintiff or defendant; and the first question to be determined is, whether under these circumstances she can maintain it.
Section 10, article 2, chapter 52, General Statutes, provides that “ a married woman…
2Cases cited2 opinions
- Uhrig v. HorstmanCourt of Appeals of Kentucky · 1871
- Hannon v. MaddenCourt of Appeals of Kentucky · 1874
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- Horton v. Union Light, Heat & Power Co.Kentucky Supreme Court · 1985
- Attorney General v. Detroit United RailwayMichigan Supreme Court · 1920
- Maharry v. EatmanSupreme Court of Oklahoma · 1911
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