Whalen v. Gabell

Supreme Court of Pennsylvania
Whalen v. Gabell, 120 Pa. 284 (Pa. 1888)
13 A. 941; 1888 Pa. LEXIS 482
Clark, Gordon, Green, Paxson, Sterrett, Trunkey, Williams

Whalen v. Gabell

Opinion of the Court

Per Curiam:

It is not contended that before the act of 1887 a married woman could be arrested for a tort, but we cannot see that, in this particular, the old rule has been altered by that act. Whilst it is true, as stated by the learned counsel, that by force of that statute she may sue and be sued for torts in all respects as if she were a feme sole, yet this does not authorize her arrest, and this for the plain reason that suing and arresting are two things substantially different.

Judgment affirmed.

Reference

Full Case Name
MRS. MARY WHALEN v. MRS. JACOB GABELL
Cited By
3 cases
Status
Published
Syllabus
The common-law rule that a writ of capias may not issue for the arrest of a married woman, in a civil action for a tort committed by her during coverture, is not affected by the Married Persons Property Act of June 3, 1887, P. L. 332.*