Legal Opinion

Radford v. Carwile

West Virginia Supreme Court

Decided April 19, 1879PublishedCited by 35 opinions

Appeal from and supersedeas to a decree of the circuit court of Fayette county, rendered on the 1st day of September, 1877, in a cause in said court then pending, in which William Radford and Henry Light were plaintiffs, and Martha A. Carwile and James T. Carwile were defendants, granted on the petition of said plaintiffs. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree complained of.

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Appeal from and supersedeas to a decree of the circuit court of Fayette county, rendered on the 1st day of September, 1877, in a cause in said court then pending, in which William Radford and Henry Light were plaintiffs, and Martha A. Carwile and James T. Carwile were defendants, granted on the petition of said plaintiffs. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree complained of. Green, PRESIDENT, furnishes the following statement of the case : In July, 1876, William Radford filed his bill in the circuit court of Fayette county, to subject the separate real…

1Opinion of the Court

GkeeN, PRESIDENT,

delivered the opinion of the court:

The questions presented by the record in this case are: Whether the separate estate of a married woman is liable for her debts? and if so, what is the extent of its liability and its mode of enforcement ?

The decision of these questions depends, as we shall find, on what was the law prior to the passage of ch. 66 of our Code relating to the separate property and rights of married women. See Code of W. Ya. ch. 66 p. 447. We will therefore consider first what was .the law on those points prior to the passage of our Code.

The authorities very…

2Cases cited69 opinions

  1. Yale v. . DedererNew York Court of Appeals · 1858
  2. Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
  3. Yale v. . DedererNew York Court of Appeals · 1860
  4. Lancaster v. DolanSupreme Court of Pennsylvania · 1829
  5. North American Coal Co. v. DyettNew York Court of Chancery · 1837

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3Cited by35 opinions

  1. Waldron v. HarveyWest Virginia Supreme Court · 1904
  2. Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
  3. Hughes & Co. v. HamiltonWest Virginia Supreme Court · 1882
  4. Krouskop v. ShontzWisconsin Supreme Court · 1881
  5. Morgan v. MorganWest Virginia Supreme Court · 1906

30 more not listed; retrieve them via the Exa API.

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