Gerard v. Pierce

Decision Date31 July 1807
CitationGerard v. Pierce, 5 N.C. 161 (N.C. 1807)
PartiesELIZABETH GERARD v. SLADE PIERCE.
CourtNorth Carolina Supreme Court
From Beaufort.

Where a feme defendant marries pending a suit, her husband must be made a party, or, on motion, the suit will abate.

THE plaintiff instituted a suit against defendant, and pending said suit she intermarried with Henry Hunter, between the January and July terms of the court in 1805. At January Term, 1806, the defendant pleaded this intermarriage in abatement, and that Henry Hunter had not been made a party plaintiff; to this, plea the plaintiff demurred and the defendant joined in demurrer; and the demurrer was overruled and the plea...

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