Azbill v. Azbill
Court of Appeals of Kentucky
Case 30 — PETITION EQUITY APPEAL EKOM CLARK CIRCUIT COURT. The courts can not empower a married woman to trade as a feme sole if the husband objects. If his objections axe not to be heard when he is made a defendant there is no reason for the requirement that he shall be made a party.
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Case 30 — PETITION EQUITY APPEAL EKOM CLARK CIRCUIT COURT. The courts can not empower a married woman to trade as a feme sole if the husband objects. If his objections axe not to be heard when he is made a defendant there is no reason for the requirement that he shall be made a party. (Gen. Stats., chap. 52, art. 2, secs. 5 and 6.)’ In giving a married woman the power enumerated in section 6 of article 2, chapter 52, General Statutes, the court is not bound to regard any objections save those of creditors of the husband when it believes that the proceeding is to defraud them. The husband has…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellee, wife of appellant, brought this action, he being made defendant, for judgment empowering her to use, enjoy, sell and convey, for her own benefit, any property she may own or acquire free from the claim or debts •of her husband; and to make contracts, sue and be sued as a single woman, and to trade in her own name, and dispose of her property by will or deed, as provided in section 6, article 2, chapter 52, General Statutes, all which powers were granted by the judgment appealed from.
The cause set up in the petition for the action is that…
2Cases cited1 opinion
- Ex parte FranklinCourt of Appeals of Kentucky · 1881
3Cited by1 opinion
- Rose v. RoseCourt of Appeals of Kentucky · 1898