Massachusetts Supreme Judicial Court, 1817

Swan v. Wilkinson

Swan v. Wilkinson
Massachusetts Supreme Judicial Court · Decided September 15, 1817
14 Mass. 295
Swan v. Wilkinson

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

We know no distinction, as to the question in this case, between a feme sole commencing an action in her own right, or as executrix or administratrix. Her marriage pending the suit abates it in either case. The plaintiff’s rights remain to her, but her husband must join her in an action in which she would vindicate those rights.

JDefendant’s plea good, (a)

[New vs. Muxcy, 17 Mass. Rep. 341. — Ed.]

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