Jordan & Sons v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellants, suing as partners, against William Smith and Sarah E. Smith, who were husband and wife, but were not so described in the summons, nor in any part of the complaint except the special count.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellants, suing as partners, against William Smith and Sarah E. Smith, who were husband and wife, but were not so described in the summons, nor in any part of the complaint except the special count. The complaint claimed $691.42, alleged to be due “by account,” a like sum due “by account stated,” and a like sum “for goods, wares and merchandise sold and delivered to the defendants;” and a special count was added, which alleged that the defendants were husband and wife, that…
1Opinion of the CourtSomebtvtlle, J.
1. The system of laws creating and regulating married women’s statutory separate estates, as existing under the Code of 1876, was entirely abrogated by the act approved February 28th, 1887, now comprised in sections 2341 to 2350 of the Code of 1886, which substitutes an entirely new system, based on entirely different principles. With this repeal of the old system, section 2711 of the Code of 1876, which declared the liability of such separate estate for certain articles of comfort and support of the household, and provided for the mode of its enforcement, was also repealed. This repeal,…
2Cases cited11 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Edwards v. WilliamsonSupreme Court of Alabama · 1881
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Bedsole v. PetersSupreme Court of Alabama · 1885
- Janney v. BuellSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Rooney v. Michael & LyonsSupreme Court of Alabama · 1887
- Barker v. Anniston, Oxford & Oxanna Street Railway Co.Supreme Court of Alabama · 1890
- Scharf v. MooreSupreme Court of Alabama · 1893
- Taylor v. LaddSupreme Court of Alabama · 1935
1 more not listed; retrieve them via the Exa API.