Legal Opinion

Dernham & Kaufmann v. Rowley

Idaho Supreme Court

Decided April 9, 1896PublishedCited by 18 opinions

APPEAL from] District Court, Latab County. The only question arising in this ease is, Can the separate estate of a married woman be attached in an action upon a promissory note executed by her? All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights. All property of the wife owned by her before marriage, and that acquired by gift, bequest, devise or descent is her separate property.

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APPEAL from] District Court, Latab County. The only question arising in this ease is, Can the separate estate of a married woman be attached in an action upon a promissory note executed by her? All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights. All property of the wife owned by her before marriage, and that acquired by gift, bequest, devise or descent is her separate property. (Rev. Stats., sec. 2495.) The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted…

1Opinion of the CourtMorgan, C. J.

(After Stating the Facts.) — The only question before tins court in this case is, Can a creditor attach the separate property of a married woman upon a several' promissory note executed by her without alleging and proving that the contract was made with reference to her separate property or for her personal benefit? The appellants contend that, under the statutes of Idaho, a married woman may during coverture make any contract that may be made by a feme sole or by a man of lawful age. Under the common law, the rights and privileges of a woman, so far as making contracts were concerned, were…

2Cases cited1 opinion

  1. Bassett v. BeamIdaho Supreme Court · 1894

3Cited by18 opinions

  1. Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
  2. Williams v. PaxtonIdaho Supreme Court · 1977
  3. Frost v. MeadIdaho Supreme Court · 1963
  4. Hall v. JohnsIdaho Supreme Court · 1909
  5. Edminston v. SmithIdaho Supreme Court · 1907

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