Williams v. O'Dwyer & Ahern Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; 1. The two defendants were improperly joined in one suit. The motion to make the complaint more specific so as to show the relationship existing between the parties should have been granted.
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Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; 1. The two defendants were improperly joined in one suit. The motion to make the complaint more specific so as to show the relationship existing between the parties should have been granted. A married woman must be sued alone for a debt incurred in her separate business. 66 Ark. 116. She cannot form a partnership with her husband. 56 Ark. 297; 66 Id. 168. The court had no jurisdiction to entertain a suit against a married woman when joined as a defendant with her husband. Kirby’s Digest, § 5214. 2. These goods were purchased and action…
1Opinion of the CourtMcCulloch, C. J.
Appellee was the plaintiff below and instituted this action against the defendants, N. H. Williamson and C. B. Williamson to recover the amount of $773.63, alleged to be due on account for merchandise sold and delivered. Both the defendants were held liable on the ground that N. H. Williamson was acting as agent of his wife, C. B. Williamson, in the purchase of the merchandise, and failed to disclose his agency, and that for that reason the agent and the undisclosed principal were both liable. N. H. Williamson made no defense and has not appealed from the judgment against him. Mrs. Williamson…
2Cases cited2 opinions
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- Hickey v. ThompsonSupreme Court of Arkansas · 1889
3Cited by10 opinions
- Illinois Controls, Inc. v. LanghamOhio Supreme Court · 1994
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949
- Hospelhorn v. PoeCourt of Appeals of Maryland · 1938
- Cooper v. CooperSupreme Court of Arkansas · 1956
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