Smiley v. Smiley's Administrator ( 1869 )

By the Court.

Leave must be refused. A debt due to a woman is extinguished by her intermarriage with the debtor. The statute of 1861 only operates upon debts of hers not so extinguished, and can not be construed as reviving the debt after her husband’s decease, and enabling her to recover it from his administrator. It. was not intended by the act to create for her new rights, but simply to take away the husband’s control over such as she had.

Leave refused.