Garver v. Morgan ( 1835 )

Judge Hitchcock

delivered the opinion of the court:

It is well settled that when a feme sole plaintiff marries, after the commencement and during the pendency of the suit, it may be pleaded in abatement.

That the same principle applies where there are. two or more plaintiffs in the same case, and one of them intermarries, is shown by the following authorities: 10 Mass. 179; 17 Mass. 341; 7 Pick. 62.

The demurrer is overruled.