Dahlman v. Jacobs

16 F. 614 | U.S. Circuit Court for the District of Eastern Missouri | 1883

Treat, J.

The .order heretofore entered dismissing this ease is vacated. From the rulings of the supreme court of Missouri in like cases a suit in equity is proper, a principal defendant being a married woman. The question presented by the demurrer to the bill would, if reviewed at length, require an elaborate analysis of the many conflicting statutes cited, and decisions thereunder, involving an attempt to reconcile diverse opinions upon the general subject. The case now before the court, however, arises under the Missouri statutes, which have been fully interpreted, not only by the Missouri supreme court, but also by the United States circuit court at Jefferson City, last October.^* That decision is conclusive. The demurrer is overruled.

* Martin v. Hausman, 14 Fed. Rep. 160.