Hodges v. . Hill

Supreme Court of North Carolina
Hodges v. . Hill, 10 S.E. 916 (N.C. 1890)
105 N.C. 130
Clark

Hodges v. . Hill

Opinion of the Court

Clark, J.:

The only question' presented is whether a Justice of the Peace has jurisdiction of an action against a married woman'to recover a debt contracted prior-, to her marriage. This is not an open question. It has -been held *131 that he has. Neville v. Pope, 95 N. C., 346. The Code, §1823, expressly provides that the liability’of & feme sole “shall not be altered or impaired” by her marriage. Dougherty v. Sprinkle, 88 N. C., 300, which holds that a Justice of the Peace has not jurisdiction of an action against a married woman, applies only to liabilities incurred by her while a feme covert, and not even to them in cases where she is a free trader, or the proceeding is to enforce a laborer’s lien. The Code, §§1790, 1828, 1831 and 1832; Smaw v. Cohen, 95 N. C., 85.

Error.

Reference

Full Case Name
J. M. HODGES v. BARBARA HILL Et Al.
Cited By
7 cases
Status
Published