Wadsworth v. Hodge
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by W. W. Wadsworth, against Mrs. M. L. Hodge, to enforce a statutory lien on a house and lot in the city of Montgomery, for materials furnished by plaintiff, under contract with defendant’s husband acting as her agent, and which were used in the construction of the house.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by W. W. Wadsworth, against Mrs. M. L. Hodge, to enforce a statutory lien on a house and lot in the city of Montgomery, for materials furnished by plaintiff, under contract with defendant’s husband acting as her agent, and which were used in the construction of the house. The materials were furnished in March and April, 1888, amounting to $213.30, and the action was commenced on the 7th July, 1888. The amended complaint alleged that the defendant’s husband, "W. T. Hodge, acted as her…
1Opinion of the CourtSomerville, J.
-1. The first question raised by the rulings of the court on the plaintiff’s demurrer to the defendant’s pleas is, whether a married woman can bind her separate estate by a mechanic’s lien, through a mere oral contract, and without the assent or concurrence of her husband expressed in writing.
*503The plaintiff in the present case is an original contractor, and furnished certain building materials, consisting of lumber, shingles and other articles, which were used, in the early part of the year 1888, to construct a house on land owned by the defendant, Mrs. Hodge.
The defendant insists that, under…
2Cases cited13 opinions
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Bedsole v. PetersSupreme Court of Alabama · 1885
- Ambrose Manufacturing Co. v. GapenMissouri Court of Appeals · 1886
- Crampton v. PrinceSupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Richardson v. StephensSupreme Court of Alabama · 1896
24 more not listed; retrieve them via the Exa API.