Eskridge v. Ditmars
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe Hon. M. J. Saeeold. These two cases were argued and submitted together. The actions were both commenced on tbe 9th February, 1871, by ordinary summons and complaint, against J. N. Eskridge and Mrs. M. E. Eskridge, bis wife; and the pleadings in the two cases were tbe same. Tbe original summons was returned “Not found” as to both of tbe defendants, and an alias summons was returned in like manner.
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Appeal from the Circuit Court of Dallas. Tried before tbe Hon. M. J. Saeeold. These two cases were argued and submitted together. The actions were both commenced on tbe 9th February, 1871, by ordinary summons and complaint, against J. N. Eskridge and Mrs. M. E. Eskridge, bis wife; and the pleadings in the two cases were tbe same. Tbe original summons was returned “Not found” as to both of tbe defendants, and an alias summons was returned in like manner. A pluries summons was executed by personal service on Mrs. Eskridge, in July, 1872, and returned “ Not found” as to her husband. At the…
1Opinion of the CourtBrickell, J.
—The statute subjects the wife’s separate statutory estate to liability “ for all contracts for articles of comfort and support of the household, suitable to the degree and’condition’in-life of the family, and for which the husband would be responsible at common law; ” to be enforced by ac*250tion at law against the husband alone, or against the husband and wife jointly. R. C. § 2376. The construction heretofore placed on this statute is, that the remedy prescribed is to be deemed statutory, and must be strictly pursued. If the wife die, her personal representative is not subject to the suit at…
2Cases cited5 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Sharp v. Burns & ColesSupreme Court of Alabama · 1860
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
- Carter v. WannSupreme Court of Alabama · 1871
3Cited by24 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
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