Tyler v. Winder

I do not think the clause in the section of statute quoted in the majority opinion, viz., “and it may decree costs against either party, and award execution for the same,” should be construed as enlarging the power of a married woman to contract for the payment of an attorney’s fee in a divorce suit, so as to make her personally liable upon such contract. If at the time of instituting the suit she owned a separate estate, I concede that she might make a contract specifically charging such estate, but I do not think she is competent to then, while still under the disabilities of coverture, and…