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Bismorte vs. Aldecoa

CASIANA BISMORTE, plaintiff-appellant, vs. ALDECOA & CO., defendant-appellee.

G.R. No. L-5586 | 1910-12-10

Republic of the Philippines
SUPREME COURT
Manila
 
EN BANC
 
D E C I S I O N 
 
TRENT, J.: 
 
The plaintiff, a married woman, brought this action in her own name, without joining her husband, to recover the possession of a steamboat, alleged to be her exclusive property, and for damages for the wrongful detention of the same. The fact of plaintiff's coverture does not appear on the face of the complaint but it was raised by answer, and one of the special defenses in the answer was that plaintiff has no capacity to sue, this special defense being based on the provisions of section 115 of the Code of Civil...