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
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.*