Legal Opinion

Hall v. Johns

Idaho Supreme Court

Decided November 9, 1909PublishedCited by 22 opinions

APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to compel the husband to pay out of the community property the debt of the wife contracted by her for her own use and benefit and for the benefit of her separate property. Judgment against plaintiff.

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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to compel the husband to pay out of the community property the debt of the wife contracted by her for her own use and benefit and for the benefit of her separate property. Judgment against plaintiff. The statute has modified the common law in so far as it renders the separate property of the wife liable for her debts and exempts the separate property of the husband. The liability of the husband, to the extent of the community property, still exists, for the reason that no…

1Opinion of the Court

SULLIVAN, C. J.-

— This action was brought to recover judgment for a sum of money which the plaintiff was com*227pelled to pay one William Hunter on three certain promissory notes which he signed as surety with the defendant Margaret J. Johns, the wife of the defendant Frank Johns, whereby she borrowed money from said Hunter for her own use and benefit and while the defendants were husband and wife. The plaintiff prays for judgment against both defendants, and, further, that the court direct that said judgment be satisfied out of the separate property of the defendant, Margaret J. Johns, and the…

2Cases cited12 opinions

  1. Spreckels v. SpreckelsCalifornia Supreme Court · 1897
  2. Van Maren v. JohnsonCalifornia Supreme Court · 1860
  3. Packard v. ArellanesCalifornia Supreme Court · 1861
  4. Directors of Fallbrook Irrigation District v. AbilaCalifornia Supreme Court · 1895
  5. Edminston v. SmithIdaho Supreme Court · 1907

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Kohny v. DunbarIdaho Supreme Court · 1912
  2. McHan v. McHanIdaho Supreme Court · 1938
  3. Williams v. PaxtonIdaho Supreme Court · 1977
  4. Radermacher v. RadermacherIdaho Supreme Court · 1940
  5. Gustin v. ByamIdaho Supreme Court · 1925

17 more not listed; retrieve them via the Exa API.

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