Moore v. . Wolfe

Citations

• 30 S.E. 120
• 122 N.C. 711
• 1898 N.C. LEXIS 333

Syllabus

<p>Action on Contract — Feme Covert — Liability of Married Woman on Contract — Plea of Coverture — Jurisdiction of Appeal from Court of Justice of the Peace.</p> <p>1. The general rule being that a married woman cannot malee a contract binding upon her, it is the duty of a plaintiff seeking to enforce a liability under an exception to such general rule to establish the exception.</p> <p>2. Where there are no written pleadings in a Justice’s Court, the summons constitutes the complaint, and if a summons issues from a Justice’s Court against “W and J, his wife” for a demand due by contract, her coverture sufficiently appears “from the pleadings.”</p> <p>3. A feme-covert sued on contract should be allowed to plead her coverture.</p> <p>4. The Superior Court acquires no jurisdiction on appeal from a Justice’s Court of an action on the contract of a feme covert which, being enforceable only in equity, could not be maintained in the Justice’s Court.</p> <p>5. Where a feme covert is entitled to the defense of coverture in an action against her, it may be made by the Court ex ‘mero motu.</p> <p>6. Where the record shows that the defendant is a feme covert the trial should proceed, whether the plea of coverture is interposed or not, and, if the proof brings the case within the exceptions to the general rule as to the liability of married women on contracts, the plaintiff should have judgment.</p> <p>Claek, J., dissents arguendo.</p>