Legal Opinion

Conway v. Smith

Wisconsin Supreme Court

Decided January 2, 1860PublishedCited by 23 opinions

APPEAL from tlie Circuit Court for Milwaultee County. This action was upon a joint and several note executed by the defendants on the 16th of October, 1857, in this state, and the complaint alleged, in addition to the usual averments in such an action, that the note was given for work done and materials furnished in the construction of a hotel upon a lot in Janesville, which then was and continued to be the property of the defendant A. M G. Smith, then and still the wife of…

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APPEAL from tlie Circuit Court for Milwaultee County. This action was upon a joint and several note executed by the defendants on the 16th of October, 1857, in this state, and the complaint alleged, in addition to the usual averments in such an action, that the note was given for work done and materials furnished in the construction of a hotel upon a lot in Janesville, which then was and continued to be the property of the defendant A. M G. Smith, then and still the wife of the other defendant, A. Hyatt Smith. A. M. 0. Smith demurred to the complaint as not stating facts sufficient to…

1Opinion of the Court

By the Court,

Paine, J.

The demurrer of the defendant A. M. C. Smith, presents the question whether a married woman is liable on a contract to pay for improvements on her separate real estate. It is said that it has been settled in the negative by the decision of this court in the case of Wooster vs. Northrup et al., 5 Wis., 245, and such was the opinion of the court below. I should have been glad if, on a careful examination of that case, I could have come to the same conclusion, and thus have felt relieved from the necessity of examining the question as a new one. But I have been unable to do…

2Cases cited6 opinions

  1. Yale v. . DedererNew York Court of Appeals · 1858
  2. Yale v. . DedererNew York Court of Appeals · 1860
  3. Norval v. RiceWisconsin Supreme Court · 1853
  4. Wooster v. NorthrupWisconsin Supreme Court · 1856
  5. Heath v. Van CottWisconsin Supreme Court · 1859

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

3Cited by23 opinions

  1. Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
  2. Todd v. LeeWisconsin Supreme Court · 1862
  3. Krouskop v. ShontzWisconsin Supreme Court · 1881
  4. Leonard v. RoganWisconsin Supreme Court · 1866
  5. Dayton v. WalshWisconsin Supreme Court · 1879

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

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