Allison & Townsley v. Porter
Ohio Supreme Court
Motion for leave to file a petition in error to reverse ■the judgment of the District Court of Greene county. The plaintiffs in error, merchants, doing business under the firm name of Allison & Townsley, sued Annie E. Porter, the defendant in error, before a justice of the peace, on •a store account. The defendant is a married woman, living with her husband, and was at the time of the sale of the goods, which •are the subject of the account.
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Motion for leave to file a petition in error to reverse ■the judgment of the District Court of Greene county. The plaintiffs in error, merchants, doing business under the firm name of Allison & Townsley, sued Annie E. Porter, the defendant in error, before a justice of the peace, on •a store account. The defendant is a married woman, living with her husband, and was at the time of the sale of the goods, which •are the subject of the account. At the time of bringing the suit, she and her husband had become non-residents of the state. An attachment was sued out against her on the ground of her…
1Opinion of the Court
By the Court.
¥e find no error in the judgment of the ■district court.
The suit was not brought on a contract, which the defendant was authorized by the statute to make in respect to her separate estate.
Whether the amount due on the account can, in equity, be charged on the defendant’s separate property, it is unnecessary to determine. If that can be done, a suit for the purpose can not be brought before a justice of the peace.
*138The plaintiff in error relies to sustain the action on section 28 of the civil code, as amended March 30, 1874 (71 Ohio L. 47).
This section was not intended to invest…
2Cited by7 opinions
- Ankeney v. HannonSupreme Court of the United States · 1893
- Avery v. VansickleOhio Supreme Court · 1879
- Buning v. BertelingOhio Superior Court, Cincinnati · 1897
- Elliott v. LawheadOhio Supreme Court · 1885
- Hill v. MyersOhio Supreme Court · 1889
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