Trieber v. Stover & Co.
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. W. H. H. Clayton, Circuit Judge. Section 8, of the act of April 28th, 1873, Pamphlet Acts, page 384, only provides that a married woman may be sued in “ the courts of this state,” and not that she may be sued at law. Therefore the principle that the contracts of a married woman, made during coverture, are void at law, is not affected by the statute.
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APPEAL from Phillips Circuit Court. Hon. W. H. H. Clayton, Circuit Judge. Section 8, of the act of April 28th, 1873, Pamphlet Acts, page 384, only provides that a married woman may be sued in “ the courts of this state,” and not that she may be sued at law. Therefore the principle that the contracts of a married woman, made during coverture, are void at law, is not affected by the statute. The word “judgment used in the statute, would, under former rules, be strictly appropriate to common law proceedings; but under the Code decrees are also called judgments. This is ndt the ordinary case of…
1Opinion of the Court
English, Ch. J.:
On the 8th August, 1873, Stover sued David Trieber and Carrie Trieber his'"wife, in the Phillips Circuit Court, on an open account contracted by the wife.
The complaint alleged:
That the defendant, Carrie Trieber, is the wife of defendant, David Trieber, and is engaged in the business of merchandising in her own name.
That defendant Carrie Trieber, is indebted to the plaintiff in the sum of $1,012.93, for goods and merchandise sold and delivered by plaintiff to the defendant, Carrie Trieber, and for interest upon money due from said defendant, Carrie, to plaintiff, -particulars…
2Cases cited8 opinions
- Logan v. HallSupreme Court of Iowa · 1865
- Haynes v. StovallTexas Supreme Court · 1859
- Presnall v. HerbertSupreme Court of Iowa · 1872
- Commercial Bank v. WhiteheadSupreme Court of Alabama · 1843
- James v. TaylorNew York Supreme Court · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sidway v. NicholSupreme Court of Arkansas · 1896
- Toof v. BrewerMississippi Supreme Court · 1909
- Alphin v. WadeSupreme Court of Arkansas · 1909
- Chaffe & Bro. v. OliverUnited States Circuit Court · 1880