James v. Stewart
Supreme Court of Alabama
Error to the Circuit Couft of Limestone. Trespass quare clausum fregit, by the plaintiff, against the defendant in error: The defendant pleaded not guilty,, liberum tenementu,mT and justification. From a bill of exceptions, it appears, that the defendant offered to show that the plaintiff was a feme covert, which was objected to under the pleadings, but admitted' by the court, and the plaintiff exceptéd.
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Error to the Circuit Couft of Limestone. Trespass quare clausum fregit, by the plaintiff, against the defendant in error: The defendant pleaded not guilty,, liberum tenementu,mT and justification. From a bill of exceptions, it appears, that the defendant offered to show that the plaintiff was a feme covert, which was objected to under the pleadings, but admitted' by the court, and the plaintiff exceptéd. Evidence was then offered, that the plaintiff was the wife 'of Ambrose James, but that in the spring of 1843 a separation took place between them, and that in the fall of the same year, a…
1Opinion of the CourtOrmond, J.
It is laid down by Mr. Chitty in his Pleadings, 1 vol. 23, that where a married woman sues alone,, but might be joined in the action with her husband, the objection can only be taken by plea in abatement; but that when a feme covert improperly sues alone, having no legal right of action whatever, she will be non-suited. This doctrine is fully sustained by the cases of Milner v. Milnes, 3 Term, 627, and Caudell v. Shaw, 4 Id. 361. According to these authorities, the court erred in non-suiting the plaintiff. It does not to be sure appeal', what was the nature of her interest in the lands, for a…
2Cases cited1 opinion
- Arthur v. BroadnaxSupreme Court of Alabama · 1842
3Cited by5 opinions
- Young v. Pollak & Co.Supreme Court of Alabama · 1888
- Bush v. GarnerSupreme Court of Alabama · 1882
- McAnally v. Alabama Insane HospitalSupreme Court of Alabama · 1895
- Jordan v. GraySupreme Court of Alabama · 1851
- In re LyonsDistrict Court, D. California · 1874