14 Mass. 295
Massachusetts Supreme Judicial Court
Decided September 15, 1817
Massachusetts Supreme Judicial Court · decided 1817-09-15
At the last May term of this Court at Greenfield, in the county of Franklin, this action came up by appeal from the Circuit Court of Common Pleas, where there had been a trial upon the merits, and a verdict. At that term the defendant pleaded the marriage of the plaintiff since the appeal in abatement of the suit. The plaintiff demurred to the plea, and the defendant joined in the demurrer.
Cited by 2 later decisions — most recently April 1872
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1817-09-15
View the full empirical analysis of this case →
¶1We 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.
¶2JDefendant’s plea good,
¶3 [New vs. Muxcy, 17 Mass. Rep. 341. — Ed.]