Carter v. Wann
Supreme Court of Alabama
Appeal from Circuit Court of Madison. The record does not give the name of the presiding All the facts necessary to a proper understanding of the question decided by the court, will be found in the opinion. The action is brought under section 2376 of the Revised Code.
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Appeal from Circuit Court of Madison. The record does not give the name of the presiding All the facts necessary to a proper understanding of the question decided by the court, will be found in the opinion. The action is brought under section 2376 of the Revised Code. That section renders the separate estate of the wife liable for articles of comfort suitable to her degree in life, &c., such liability to be enforced at law by action against husband and wife jointly, or a'gainst husband alone. The authority upon which the appellee relies to sustain his case, is Gunningham v. Fontaine, 25 Ala.…
1Opinion of the CourtPetebs, J.
The main question in this case is this: *347Can the wife, after the death of the husband, be sued alone, in an action at law to enforce the liability of her separate estate on contracts for articles of comfort and support of the household, suitable to the degree and condition in life of the family, and for which the' husband would be responsible at common law ?
This question remains unsolved. No doubt the husband may be sued alone on such contracts, when the wife has a separate statutory estate; and no doubt the husband and wife may be sued jointly on like cause of action. This is according to the…
2Cases cited8 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Bibb v. PopeSupreme Court of Alabama · 1869
- Alexander v. SaulsburySupreme Court of Alabama · 1861
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Janney v. BuellSupreme Court of Alabama · 1876
- Cauly v. BlueSupreme Court of Alabama · 1878