Ogden v. Guice
Mississippi Supreme Court
Appeal from the Chancery Court of Adams County. Hon. Ralph North, Chancellor. The appellees, who were merchants, filed their bill to subject the separate property of Sallie T. Ogden to the payment of debts alleged to be for supplies for her family and her plantation. The defendants, Mrs. Ogden and her husband, demurred to the bill, but the demurrer was overruled. The ground of demurrer is indicated in the opinion of the court. The defendants then answered.
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Appeal from the Chancery Court of Adams County. Hon. Ralph North, Chancellor. The appellees, who were merchants, filed their bill to subject the separate property of Sallie T. Ogden to the payment of debts alleged to be for supplies for her family and her plantation. The defendants, Mrs. Ogden and her husband, demurred to the bill, but the demurrer was overruled. The ground of demurrer is indicated in the opinion of the court. The defendants then answered. After the deposition of Guice, one of the complainants, had been taken, the defendants filed an affidavit, under sect. 1076 of the Code of…
1Opinion of the CourtChalmees, J.
The demurrer is based upon the idea that we declared in Smiley v. Meyer, Weis & Co., 55 Miss. 555, that a married woman could not be sued in equity, but must be proceeded against at law.
This is an entire misconception of the decision, which only went to the length of holding that when a married woman was sued as a feme sole trader under the statute, and a general judgment in personam was sought against her, the action must be at law, since in such case no excuse existed, for going into chancery.
But where a liability is sought to be imposed upon her separate property for family or plantation-…
2Cases cited2 opinions
- Choppin v. HarmonMississippi Supreme Court · 1872
- Smiley v. Meyer, Weis & Co.Mississippi Supreme Court · 1878
3Cited by1 opinion
- Milner Products Co. v. SalitanMississippi Supreme Court · 1952