Latshaw v. McNees
Supreme Court of Missouri
.jError to Kansas City Court of Common Pleas. At the next term of tbe court after judgment Mrs. McNees and her husband, who had not been joined as defendant in this action, appeared and moved to set aside the judgment for the reason that the defendant, Mrs. McNees, was a married woman and could not be sued apart from her husband, for the reason that the suit did not concern her separate estate.
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.jError to Kansas City Court of Common Pleas. At the next term of tbe court after judgment Mrs. McNees and her husband, who had not been joined as defendant in this action, appeared and moved to set aside the judgment for the reason that the defendant, Mrs. McNees, was a married woman and could not be sued apart from her husband, for the reason that the suit did not concern her separate estate. This motion was supported by affidavit that the defendant, Margaret A. McNees, had been married for more than twenty years, and lived with her husband and their children at the time of the beginning of…
1Opinion of the CourtAdams, Judge
This was an action on a mechanic’s lien, brought against Nelson as contractor, and the defendant, Margaret A. McNees, as owner of the property, for materials furnished for the erection of a dwelling-house. Margaret A.. McNees defended the action as feme sole throughout all the proceedings, including final judgment. Many technical points have been raised by the learned counsel for her, but none of them seem to be of sufficient importance to warrant a reversal of the judgment on account of any alleged error previous to the final judgment.
At the next term after final judgment, John C. McNees, as…
2Cases cited3 opinions
- In re ToneySupreme Court of Missouri · 1848
- Powell v. GottSupreme Court of Missouri · 1850
- Groner v. SmithSupreme Court of Missouri · 1872
3Cited by21 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Dugan v. ScottMissouri Court of Appeals · 1889
- Jackman v. RobinsonSupreme Court of Missouri · 1876
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