Peck v. Marling's Adm'r.
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case: Daniel Peclc at the July rules, 1879, in the county court of Ohio county filed his declaration in assumpsit against J. E. McNennan, administrator oí Mary Marling, deceased.
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Green, Judge, furnishes the following statement of the case: Daniel Peclc at the July rules, 1879, in the county court of Ohio county filed his declaration in assumpsit against J. E. McNennan, administrator oí Mary Marling, deceased. The declaration contained only the common counts, and with it was filed a bill of particulars as follows: “June 1, 1875, to services rendered in the case of said Mary Marling against Elijah Marling, her husband, for divorce from bed and board, commenced by filing the bill on the 23d day of October, 1872, the plaintiff succeeding and died about the first of…
1Opinion of the Court
GREEN, Judge:
The principal question involved in this case is whether the county court erred in sustaining the demurrer to the replication of the plaintiff to the plea of the defendant, that his intestate was, at the time of making the contract sued on, a *711married woman. Tlie plaintiff in error claims that the replication alleged substantially, that she was then living separate and apart from her husband. Admitting for the present for argument’s sake that this is the correct interpretation ,of this replication, ought the county court to have sustained the demurrer to it ? It may be regarded as…
2Cases cited14 opinions
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- Frecking v. . RollandNew York Court of Appeals · 1873
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- Viser v. BertrandSupreme Court of Arkansas · 1853
- Wing v. HurlburtSupreme Court of Vermont · 1843
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3Cited by17 opinions
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- Kittle v. KittleWest Virginia Supreme Court · 1920
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- Pickens's Ex'rs v. KniseleyWest Virginia Supreme Court · 1892
- White v. Foote L. & M. Co.West Virginia Supreme Court · 1887
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