Mitchell & Mitchell v. Wright
Texas Supreme Court
Appeal from Victoria. The appellee filed her petition, stating that she was the wife of one John D. Wright, and praying leave of the court to sue in her own name because of the pendency of a suit for a divorce between herself and her said husband; that she was the legal administratrix of one Peter ÜST. Hays, regularly appointed, &c.; that the defendants are indebted to her as adminis-tratrix iipon a note made by them, payable to the plaintiff as administratrix aforesaid.
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Appeal from Victoria. The appellee filed her petition, stating that she was the wife of one John D. Wright, and praying leave of the court to sue in her own name because of the pendency of a suit for a divorce between herself and her said husband; that she was the legal administratrix of one Peter ÜST. Hays, regularly appointed, &c.; that the defendants are indebted to her as adminis-tratrix iipon a note made by them, payable to the plaintiff as administratrix aforesaid. The permission of the judge to suo in her name appeared upon the record. The defendants pleaded in abatement, denying that…
1Opinion of the Court
TjIPSCOMB, .1.
The question presented is, can Mrs. Wright, a feme covert, maintain an action in her own name as administratrix without being joined by her husband? It appears from the record that Mrs. Wright was appointed administratrix at the November Term, 1817, of the Probate Court. It is believed that we have no statutory regulation on the subject of married women suing in their own names excoptingthe 91 h section of the act of the Congress of 1840, entitled “An act to adopt the common law of England, to repeal certain Mexican laws, and to regulate the marital rights'of parties.” The…
2Cited by20 opinions
- Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
- Phillips v. HerndonTexas Supreme Court · 1890
- Roberts & Corley v. McFadden, Weiss & KyleCourt of Appeals of Texas · 1903
- Garcia v. YzaguirreTexas Commission of Appeals · 1919
- Wells v. HobbsCourt of Appeals of Texas · 1909
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