Freiler v. Kear

Citations

• 126 Pa. 470
• 17 A. 668
• 1889 Pa. LEXIS 901

Syllabus

<p>1. A married woman, joined with her husband, may maintain an action against a firm of which he is a member, and recover damages for a breach of covenant in a lease of her real estate, the husband, though served with the writ, making default of appearance and plea.</p> <p>2. The firm acquires no interest in the right of the husband to make the defence of coverture; it is as exclusively his right before, as after, the partnership was formed, and the other partners cannot use it themselves or require the husband to use it to shield the firm from the just claims of its creditor’s.</p> <p>3. Ritter v. Ritter, 31 Pa. 396 ; Miller v. Miller, 4i Pa. 170; Kutz’s App., 40 Pa. 90; Rose v. Latshaw, 90 Pa. 238; Lahr’s App., 90 Pa. 607, relating to the rights of a married woman iu civil proceedings against her husband, commented upon and distinguished.</p> <p>4. It is error to enter judgment on a question reserved non obstante veredicto, pending a motion in arrest of judgment and for a ucw trial: Penn. Salt Mfg. Co. v. Neel, 64 Pa. 9 : Harper v. Keely, 17 Pa. 231, is not to be regarded as establishing a rule of practice on the subject.</p>