O'Connor v. Chamberlain
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The facts are contained in the opinion. 1. It is a general rule, when a statute creates a liability unknown to the law and provides a remedy, the remedy thus provided is exclusive. But there is an exception to the rule.
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The facts are contained in the opinion. 1. It is a general rule, when a statute creates a liability unknown to the law and provides a remedy, the remedy thus provided is exclusive. But there is an exception to the rule. It is when the statute creates a new liability and provides no remedy or an inadequate one, then the courts of law and equity furnish an appropriate remedy according to the nature of the case.—32 Ala. 703; 49 Ala. 507; 16 111. 9; 14 ib. 83; 11 Bush, (Kv.) 538; 9 Johns. 507; 5 Mass. 514; 10 Pick.…
1Opinion of the Court
BRICKELL, C. J.—
The original and amended bill filed by the appellant, in substance allege, that the appellee in 1872 and 1873, a married woman, wife of one Charles Chamberlain, since deceased, contracted on her own credit, and on the faith of her statutory separate estate, an account with appellant for articles of comfort and support of herself and family, The husband had no property or credit, and the credit was given wholly on the faith of the statutory separate estate of the appellee. The prayer is, that the estate of the appellee be subjected to the payment of the account, and for general…
2Cases cited16 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Warfield v. RavesiesSupreme Court of Alabama · 1863
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Frazier v. FrazierSupreme Court of Alabama · 1961
- Gafford v. DunhamSupreme Court of Alabama · 1895
- Hinson v. GambleSupreme Court of Alabama · 1880
- Gilbert v. Dupree's Adm'rSupreme Court of Alabama · 1879
9 more not listed; retrieve them via the Exa API.