\
calms v. mmm. 15
woman, so far as the power to assert or maintain her rights in a court
is concerned, should not be affected by coverture ; and the law 1D that
respect places her where she was before the marriage. It is true this
right of action grows out of a relation only arising where the married
relation exists, but I have but little doubt that it comes within the
spirit and intent of the law, and that it was the purpose of the legis-
lature to permit a married woman to sue for a violation of her per-
sonal rights, although such rightsgrow out of the marital relations.
It should be remarked, in conclusion, that it is very doubtful if the
words or conduct imputed to the defendant are sufhcient to base this
· action upon, with the exceptions of the words charging the plaintiff
with adultery. Lynch v. Knight, 9 H. L. 577, cited in Westlake v.
Westlake. As to this particular charge, the time and place and, 1f _
possible, the words spoken should be set out in the petition, so that
the defendants may be informed exactly what charge they are re-
quired to meet.
The demurrer will be sustained as to the latter objections,-—that
is, the insuthciency of the allegations in reference to the words _
spoken, as I have indicated,—and overruled as to the other question,
with leave tothe plaintiff to amend within 20 days. ~
_ Ceann v. Bonn?.
(Uireuit Uourt, D. Oregon. January 18, 1886.)
1. Moms? Rncmrvnn on Eimonnous Jrmonnnr. ~
Where money is received on an erroneous judgment by a party thereto, the
law, on a reversal of the same, raises an obligation against such party to re-
store the amount, which obligation may be enforced by an action as for
money had and received to the use of the plaintiff therein.
2. Casa m Junorrmnr.
In a suit to enforce a mechanic’s lien, the (parties thereto, with others hav·
ing liens on the same property, were made efendants, and the court,—by its
decree directing the sale of the property and the distribution of the proceeds
among the parties, postponed t e payment of the plaintiffs claim to that of
the defendants, which portion of the decree the supreme court, on appeal
~ taken after the confirmation of the sale and the distribution of the procee s, rc~
versed, and also ordered a resale. Held that, on the reversal of the erroneous
decree, the defendant, in contemplation of law, held the money wrongly re—
ceived by him thereon for the use and benefit of the plaintiff, to whom it should
have been originally adjudged and paid, and that he might maintain an ac-
tion to recover the same as for money had and received to his use; and the
order of resale did not limit or affect his right in this particular. ·
. Action to Recover Money. . A
Claude Thayer, for plaintiff. `
· Raleigh Stott, for defendant. .
Dunn, J. This action is brought by the plaintid, a citizen of Cal-
ifornia, to recover from the defendant,~a citizen of Oregon, the sum of