Sawyers v. Baker
Supreme Court of Alabama
Appeal from tlie Chancery Court of Blount. Heard before the Hen. Thomas Cobbs. This case was before this court during the December term, 1880, on appeal by the defendants, Thomas Sawyers and others; and the decree of the chancellor was then reversed, and the cause remanded, because Mrs. Rebecca Baker, the wife of the complainant, was not joined with her husband, Henry Baker, as a complainant in the bill.
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Appeal from tlie Chancery Court of Blount. Heard before the Hen. Thomas Cobbs. This case was before this court during the December term, 1880, on appeal by the defendants, Thomas Sawyers and others; and the decree of the chancellor was then reversed, and the cause remanded, because Mrs. Rebecca Baker, the wife of the complainant, was not joined with her husband, Henry Baker, as a complainant in the bill. The original bill was filed on the 5th July, 1879, and sought the specific performance of a contract for the sale of a tract of land, which said Henry Baker had bought from Columbus S. Boone,…
1Opinion of the CourtSomerville, J.
The 15th Rule of Chancery Practice (Code, 18Y6, p. 163) provides, that “all bills and petitions filed by married women in reference to their separate estate, if over twenty-one years of age, or relieved of the disabilities of cov-erture, shall be exhibited in their own names/ in all other cases, Try next friend.” This rule was adopted by this court in January, 1SYY, and was designed to carry out the legislative policy, as indicated by the act of March 4, 18Y6, entitled “An act to allow married women, in certain cases, to sue in their own names.” It was there enacted, that married women, over…
2Cases cited6 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Knighton v. CurrySupreme Court of Alabama · 1878
- Burt v. CassetySupreme Court of Alabama · 1848
- Hendricks v. KellySupreme Court of Alabama · 1879
- Sawyers v. BakerSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Bynum v. FrederickSupreme Court of Alabama · 1886
9 more not listed; retrieve them via the Exa API.