Bauer v. Bauer
Supreme Court of Missouri
Error to St. Louis Land Court. A promissory note executed by a married woman is not void, and she may be sued on such note — Claflin v. Yan Wagoner, 32 Mo. 252. The justice had jurisdiction — R. C. 1855, p. 925, § 3. This has been repeatedly decided by the courts. In Barton v. Beers, 21 How.
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Error to St. Louis Land Court. A promissory note executed by a married woman is not void, and she may be sued on such note — Claflin v. Yan Wagoner, 32 Mo. 252. The justice had jurisdiction — R. C. 1855, p. 925, § 3. This has been repeatedly decided by the courts. In Barton v. Beers, 21 How. Pr. 309, it is said : “ Indeed, the capacity conferred upon her to contract liabilities, and incur debts, creates the necessity of a corresponding liability to action ; for the evil would be greater, than it otherwise would be, if slie can impose upon the public, by making contracts, for which neither she…
1Opinion of the CourtHolmes, Judge
It appears that an execution had been issued from the clerk’s office of the St. Louis Land Court upon a transcript of a judgment before a justice of the peace, filed therein, and that upon motion the Land Court recalled the execution and set aside the judgment of the justice. It further appears by he bill of exceptions that this judgment was rendered against Catherine Bauer, in a suit by Ignatz Bauer against Jacob *63Bauer and Catherine his wife, upon a note executed by her while a married woman, and that she was “possessed in her own right in fee” of certain land described. It seems to have…
2Cited by13 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Bruner v. WheatonSupreme Court of Missouri · 1870
- Carey & Co. v. Burruss & PitzerWest Virginia Supreme Court · 1882
- Higgins v. PeltzerSupreme Court of Missouri · 1871
- Musick v. DodsonSupreme Court of Missouri · 1882
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