Legal Opinion

Johnson v. Coleman

Alabama Court of Appeals

Decided June 8, 1915PublishedCited by 5 opinions

Assumpsit. Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Action by L. S. Coleman against B. L. Johnson. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

THOMAS, J.(1) Medical services are necessaries within the contemplation of the rule making the husband liable for necessaries furnished to the wife, and when such services are necessary the husband cannot escape liability therefor by showing that he did not call in the physician, or even that the physician was called in against his consent and over his objections.—Cothran v. Lee, 24 Ala. 380.(2) If, however, through no fault of the husband, the wife abandons his home and refuses to live or cohabit with him, he is not responsible for her necessaries, unless expressly requested by him; and…

2Cases cited8 opinions

  1. Brindley v. BrindleySupreme Court of Alabama · 1898
  2. Zeigler v. DavidSupreme Court of Alabama · 1853
  3. Shields v. O'ReillySupreme Court of Connecticut · 1896
  4. Grantland v. StateAlabama Court of Appeals · 1913
  5. Gotts v. ClarkIllinois Supreme Court · 1875

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

3Cited by5 opinions

  1. Bryant v. LaneAlabama Court of Appeals · 1919
  2. Allen v. Selig Dry Goods Co.Indiana Court of Appeals · 1929
  3. Sillery v. FaganNew Jersey Superior Court Appellate Division · 1972
  4. Broderick v. BroderickConnecticut Superior Court · 1939
  5. Morse v. LewisOhio Court of Appeals · 1921

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