Lamkin v. Dudley
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the lion. Nat. Cook. This action was commenced in the name of Mary D. Lamkin, whose marriage with Franklin R. Witter, pending the suit, was suggested at the term at which the trial was had. In consequence of the rulings of the court during the trial, the plaintiff was compelled to take a nonsuit, with a bill of exceptions.
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Appeal from the Circuit Court of Lowndes. Tried before the lion. Nat. Cook. This action was commenced in the name of Mary D. Lamkin, whose marriage with Franklin R. Witter, pending the suit, was suggested at the term at which the trial was had. In consequence of the rulings of the court during the trial, the plaintiff was compelled to take a nonsuit, with a bill of exceptions. In the marginal statement of the parties’ names, prefixed to the judgment entry, the plaintiff is described as Mary D. Lamkin; and in the appeal bond she is described by the same name. On these facts, the appellee’s…
1Opinion of the Court
A. J. WALKER, O. J.
Section 2150 of the Code directs, that suits brought by or against an unmarried woman shall not abate by her marriage, but that, the marriage being suggested, suit shall proceed in her name acquired by the marriage, and that judgment should be rendered accordingly. The marriage of the plaintiff was *117suggested, agreeably to the above-named section; and tliereupon tbe suit should have proceeded, and did proceed, in her name acquired by the marriage, and judgment should have been rendered accordingly against her in her matrimonial name. There was, therefore, a clerical mistake…
2Cases cited2 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Patterson v. BurnettSupreme Court of Alabama · 1844
3Cited by3 opinions
- Wilder v. BushSupreme Court of Alabama · 1917
- Schuessler & Co. v. WilsonSupreme Court of Alabama · 1876
- Daniels v. HomerSupreme Court of North Carolina · 1905