Legal Opinion

Kocher v. Cornell

Nebraska Supreme Court

Decided November 23, 1899No. 9,044PublishedCited by 22 opinions

Error from the district court of Douglas county. Tried below before Scott, J. On a contract of a married woman there may be rendered against her a personal judgment, which will bind subsequently acquired property. See Jones v. GrostJncaite, 17 la., 393; Rielimond v. Tibbies, 26 la., 476; Van Metre v. Wolf, 27 la., 345; Williamson v. OUne, 20 S. E. Rep. [W. Ya.], 917.

1Opinion of the CourtSullivan, J.

This action was brought by Samuel R. Kocher against Isabel Cornell and her husband to recover a money judgment. The question propounded by the record is this: Is the property which a married woman acquires by inheritance, after the execution by her of a contract of suretyship binding her separate estate in general terms, liable for the satisfaction of such contract? According to the doctrine of the common law, a feme covert was incapable of contracting a personal obligation. Her ownership' of property was not even recognized. In equity, however, a different rule prevailed. Although she could…

2Cases cited3 opinions

  1. Filler v. TylerSupreme Court of Virginia · 1895
  2. Ankeney v. HannonSupreme Court of the United States · 1893
  3. Crockett v. DoriotSupreme Court of Virginia · 1887

3Cited by22 opinions

  1. Jorgensen v. CrandellNebraska Supreme Court · 1938
  2. Marsh v. MarshNebraska Supreme Court · 1912
  3. Parratt v. HartsuffNebraska Supreme Court · 1906
  4. Application of CochranDistrict Court, D. Nebraska · 1977
  5. Bank of Commerce v. McCartyNebraska Supreme Court · 1930

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