Stokes v. Shannon
Mississippi Supreme Court
Error to the Circuit Court of Leake County. Hon. A. G-. Mayers, Judge. The case is stated in the opinion of the court. 1. At the time the money was borrowed and the note upon which this suit is based was executed, Mrs. Stokes ivas a married woman, and the judgment is against her separate estate. The note was given for money borrowed by her husband.
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Error to the Circuit Court of Leake County. Hon. A. G-. Mayers, Judge. The case is stated in the opinion of the court. 1. At the time the money was borrowed and the note upon which this suit is based was executed, Mrs. Stokes ivas a married woman, and the judgment is against her separate estate. The note was given for money borrowed by her husband. The proof shows that the money was used by the husband for his own individual purposes, and not for the benefit of his wife’s separate estate. In such a case a married woman is not liable. Code 1871, secs. 1779, 1780; Viser v. Scruggs, 49 Miss. 705…
1Opinion of the CourtChalmers, J.
Shannon, the defendant in error, had judgment at the September term, -1876, of the Leake County Circuit Court, against Stokes and wife. A motion for a new trial was made, which was overruled, but no entry of the judgment of the court overruling the motion was entered upon the minutes. A writ of error was prosecuted to this court, which was by us dismissed upon the ground that, the record proper showing no disposition of the motion for new trial in the lower court, the case must be treated as still pending there, and the writ of error must be regarded as premature-.
Thereafter a motion was made…
2Cases cited5 opinions
- Allen v. BradfordSupreme Court of Alabama · 1842
- Glass v. GlassSupreme Court of Alabama · 1854
- Viser v. ScruggsMississippi Supreme Court · 1874
- Fugua v. CarrielSupreme Court of Alabama · 1823
- Reed v. ColemanMississippi Supreme Court · 1876
3Cited by4 opinions
- First Am. Nat. Bank of Iuka v. Alcorn, Inc.Mississippi Supreme Court · 1978
- Loring v. GroomerSupreme Court of Missouri · 1892
- Simpson v. StateMississippi Supreme Court · 1879
- Mcdaniel Brothers Constr. Co. v. JordyMississippi Supreme Court · 1966