Montgomery v. Montgomery
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) The plaintiff has full capacity to maintain this action although she is the wife of the defendant, John P. Montgomery. Section 4835, R. S. 1899, enfranchises a married woman and makes her a femme sole with full power to contract with her husband and maintain any action at law against him. Rice, Stix & Co. v. Sally, 176 Mo. 107 ;• Beagles v. Beagles, 95 Mo.
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Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) The plaintiff has full capacity to maintain this action although she is the wife of the defendant, John P. Montgomery. Section 4835, R. S. 1899, enfranchises a married woman and makes her a femme sole with full power to contract with her husband and maintain any action at law against him. Rice, Stix & Co. v. Sally, 176 Mo. 107 ;• Beagles v. Beagles, 95 Mo. App.' 338. (2) The petition states a cause of action. The contract is set out in detail in the petition, and facts are fully alleged showing that its provisions had been…
1Opinion of the CourtCox, J.
Plaintiff filed the following petition (omitting caption) :
“Now, on this day, comes the said Martha A. Montgomery, plaintiff, and for her cause of action against the defendants, J. P. Montgomery, P. M. Montgomery and Margaret E. Montgomery, respectfully states to the court that on or about November, 1907, she was duly married in Laclede county, Missouri, to John P. Montgomery, and that defendant, John P. Montgomery, is the husband of this plaintiff. That after the marriage of the plaintiff and defendant, John P. Montgomery, there was born of said marriage one child, now living of tender…
2Cases cited15 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- McNamara v. GargettMichigan Supreme Court · 1888
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Smith v. DuBoseSupreme Court of Georgia · 1887
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1932
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Commonwealth ex rel. Milk Marketing Board v. Ohio Casualty InsuranceCommonwealth Court of Pennsylvania · 1976
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