Todd v. Todd
Supreme Court of Alabama
Error to the County Court of Chambers. "• Before the Hon. Clement C. Forbes, Judge. The facts are set out in the opinion of the court. < 1. By the marriage, the husband and the wife are one pérson, in law; he is entitled to her work and labor, and all her earnings, and should he die his representatives are entitled to them.- 1 Bl. Com. t. p. 355; 1 Chitty’s PL t. p. 29 ; Chitty on Con, 38 ; Morris v. Booth and Wife, 8 Ala.
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Error to the County Court of Chambers. "• Before the Hon. Clement C. Forbes, Judge. The facts are set out in the opinion of the court. < 1. By the marriage, the husband and the wife are one pérson, in law; he is entitled to her work and labor, and all her earnings, and should he die his representatives are entitled to them.- 1 Bl. Com. t. p. 355; 1 Chitty’s PL t. p. 29 ; Chitty on Con, 38 ; Morris v. Booth and Wife, 8 Ala. Rep. '907. 2. The account of the defendant in error, was -composed of distinct items of different kinds-, and a liability to pay' for some of the items, cannot withdraw…
1Opinion of the CourtChilton, J.
The defendant in error, who was the plaintiff in the court below, sued the plaintiff in error, on an open account, for work and labor done and performed, &c., by the request, &c., of said plaintiff. It is shown, by the proof, that some of the items in the account, were for the labor of the plaintiff below, while she was a feme covert; her husband having died before the commencement of this suit. Also, that some of the items Were barred by the statute bf'limitations of three years, which was interposed, unless the whole amount was taken, without the influence of the statute, because some of…
2Cases cited2 opinions
- Jones' Administrator v. Warren's AdministratorCourt of Appeals of Kentucky · 1836
- Morgan v. Thames BankSupreme Court of Connecticut · 1840
3Cited by11 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Ware v. ManningSupreme Court of Alabama · 1888
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Skipper v. StokesSupreme Court of Alabama · 1868
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