Ravisies v. Stoddart & Co.
Supreme Court of Alabama
[action against husband and wife for necessaries furnished family.] Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Mudd. The complaint in this case was as follows: “Henry Stoddart & Co.h The plaintiffs claim of the vs. [defendants the sum of two Paul F. Eavisies, and j hundred and eighteen 21-100 Virginia Eavisies.
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[action against husband and wife for necessaries furnished family.] Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Mudd. The complaint in this case was as follows: “Henry Stoddart & Co.h The plaintiffs claim of the vs. [defendants the sum of two Paul F. Eavisies, and j hundred and eighteen 21-100 Virginia Eavisies. J dollars, due by promissory note made by them on the 23d April, 1855, payable three months after date, to the order of the plaintiffs, with interest thereon. The plaintiffs claim, also, the sum of two hundred and eighteen 21-100 dollars, due by a promissory…
1Opinion of the CourtWalker, J.
Section 1987 of tbe Code is in the following words: “Eor all contracts for articles of comfort and support of tbe household, suitable to tbe degree and condition in life of the family, and for which the husband would be responsible at common law, the separate estate of the wife is liable; to be enforced by action atlaw, against the husband alone, or against the husband and wife jointly.”
The question arises in this case, and was discussed by the counsel, what is the proper judgment in the action authorized by this section. It is certain that the judgment against the feme covert cannot be…
2Cases cited2 opinions
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Henry v. HickmanSupreme Court of Alabama · 1853
3Cited by24 opinions
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- Janney v. BuellSupreme Court of Alabama · 1876
- O'Connor v. ChamberlainSupreme Court of Alabama · 1877
- First National Bank v. HirschkowitzSupreme Court of Florida · 1903
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