Durden v. McWilliams
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before tlie-Hon. C. W. Ra-piee. This action was brought by the appellees, against Charles W. Durden and Martha, his wife; the complaint being as follows: “The plaintiffs claim of the defendants the sum of $130, due by account on the 1st January, 1857, for goods, wares and merchandise sold and delivered by plaintiffs to defendants, on said 1st January, 1857, at their special instance and request.
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Appeal from the Circuit Court of Autauga. Tried before tlie-Hon. C. W. Ra-piee. This action was brought by the appellees, against Charles W. Durden and Martha, his wife; the complaint being as follows: “The plaintiffs claim of the defendants the sum of $130, due by account on the 1st January, 1857, for goods, wares and merchandise sold and delivered by plaintiffs to defendants, on said 1st January, 1857, at their special instance and request. And plaintiffs aver, that' the said defendants, at the time of the sale and delivery of the said goods, wares and merchandise, wez'e living together as…
1Opinion of the CourtStone, J.
— The act of March 1,1848, section 5 ; the act of February 13, 1850, section 7, and section 1987 of the Code, are not precisely alike in all their features. The act of 1848 declares, “that for all articles of family supply, or used in the family, the husband shall be severally, or the husband and wife jointly, liable and suable at law.” — Pamph. Acts, 79. The language of the act of 1850 is, “ that for all articles of family supply, or used in the family, which are suitable to the estate and condition in' life of the family of such husband and wife, and for which the husband would by the…
2Cases cited7 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Walker v. ClaySupreme Court of Alabama · 1852
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Zeigler v. DavidSupreme Court of Alabama · 1853
- Henry v. HickmanSupreme Court of Alabama · 1853
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3Cited by25 opinions
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
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