Crawford v. Feder

Citations

• 34 Fla. 397

Syllabus

<p>1. An order of court overruling a demurrer to a declaration on the special grounds assigned, that the praecipe and declaration had not been signed by plaintiffs or their attorney, recited that the pleadings were allowed to be amended instanter by signing them, and the record showed that the praecipe and declaration were properly signed: Held, that the action of the court was correct not only because the defects sought to be reached by the demurrer were removed by amendment, but such defects should be reached by motion, and not by demurrer to the declaration.</p> <p>2. The rule of the common law is, that a married woman can not be sued at law on contracts made by her during coverture, and express legislative authority being necessary in order to maintain such a suit against her, it is essential that the declaration allege the statutory facts showing her liability to be sued in the action.</p> <p>3. A declaration alleging that the plaintiffs sue defendant, a mar- ' ried woman conducting a mercantile business as a free dealer under the statute of Florida, using a firm name, for that she accepted a draft drawn on her on a date prior to the filing of tine declaration, does not aver that she had been made a free dealer under the statuie, or that she in fact was a free dealer thereunder when the contract of acceptance was made by her, and such declaration is so fatally defective as not to be cured by verdict or judgment.</p>