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105 N.C. 130

10 S.E 916

Hodges v. . Hill

Supreme Court of North Carolina

Decided February 5, 1890

Supreme Court of North Carolina · decided 1890-02-05

This was a civil action, begun before a Justice of the Peace, and tried before Graves, J., at February Term, 1890, of Lenoir Superior Court. From judgment dismissing the action, plaintiff appealed.

Cited by 1 later decisions — most recently September 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-02-05

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Clark, J.:

¶1 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.

¶2 Error.

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