Legal Opinion

Kies v. Young

Supreme Court of Arkansas

Decided October 30, 1897PublishedCited by 11 opinions

Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. STATEMENT BY THE COURT. The appellee, J. F. Young, brought this action against J. H. Kies and his wife, U. M. Kies, for the- sum of $139.25. Upon the trial in the circuit court, where the case was tried on appeal from a judgment of a justice of the peace, it was agreed that Mrs. Kies, while a widow and unmarried, kept a boarding house, and purchased supplies from, and became indebted to, the…

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Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. STATEMENT BY THE COURT. The appellee, J. F. Young, brought this action against J. H. Kies and his wife, U. M. Kies, for the- sum of $139.25. Upon the trial in the circuit court, where the case was tried on appeal from a judgment of a justice of the peace, it was agreed that Mrs. Kies, while a widow and unmarried, kept a boarding house, and purchased supplies from, and became indebted to, the plaintiff Young. Young brought suit against her, and recovered judgment for the sum of $135.85. After-wards she married the…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) The question presented in this case is whether a husband is liable for the ante -. nuptial debts of his wife. It is conceded that the husband was, at common-law, liable for such debts (Harrison v. Trader, 27 Ark. 288), but the contention is made that the effect of our statute, which excludes the marital rights of the husband in the wife’s property during coverture, and confers upon married women power to acquire and hold property, is to abrogate this rule of the common law.

It is plain that this statute does not expressly change or affect the liability of…

2Cases cited18 opinions

  1. Fitzgerald v. . QuannNew York Court of Appeals · 1888
  2. McElfresh v. KirkendallSupreme Court of Iowa · 1873
  3. Birkbeck v. . AckroydNew York Court of Appeals · 1878
  4. Berley v. RampacherThe Superior Court of New York City · 1856
  5. Robinson v. EagleSupreme Court of Arkansas · 1874

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Fitzpatrick v. OwensSupreme Court of Arkansas · 1916
  2. Hunt v. StateSupreme Court of Arkansas · 1904
  3. Jackson v. WilliamsSupreme Court of Arkansas · 1909
  4. Weber v. WeberSupreme Court of Arkansas · 1914
  5. Sessions v. ParkerSupreme Court of Georgia · 1932

6 more not listed; retrieve them via the Exa API.

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