Wadkins v. Dillingham

McClendon, Chief Justice.

Appeal (by writ of error) from a default judgment against Wadkins and wife in a suit upon a promissory note, executed by both spouses.

The controlling question here is whether the petition was sufficient to support a personal judgment against Mrs. Wadkins; or, specifically, whether it affirmatively alleged a debt “contracted by the wife * * * for necessaries furnished her or her children.” R. S. art. 4623. We quote in full the pertinent portions of the petition:

“Plaintiff further alleges that on the date of the execution of said note defendant, J. W. Wadkins had no…