Bodgett v. Ebbing
Court of Appeals of Mississippi
In error from the circuit .court of Bolivar county; Hon. George Coalter, judge. The facts are contained in the opinion of the court.
1Opinion of the CourtJustice Yerger
delivered the opinion of .the court.
The plaintiff in error sued the defendant on a promissory note, bearing date of the 15th December, 1846, payable to Mary H. Bodgett, who, at the date of the note and the institution of the suit, was the wife of the' plaintiff in error. On the trial, the circuit judge instructed the jury, that “if a note is made to the wife, under the laws of Mississippi, in an action to enforce payment of it, the action mtist be in the name of the husband and wife.” By the rules of the common law, the husband might sue in his own name alone or in the joint name of himself…
2Cited by4 opinions
- Tunno v. RobertSupreme Court of Florida · 1878
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Harding v. CobbMississippi Supreme Court · 1873
- Levy v. DardenMississippi Supreme Court · 1859