Childress v. Mann & Co.
Supreme Court of Alabama
Appeal from, the City Court of Mobile. Tried before the Iioa. Alex. McEinstry. The complaiut in this case was in these words: “John ~W. Mann & Co. \ The plaintiffs, John-us. IW.
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Appeal from, the City Court of Mobile. Tried before the Iioa. Alex. McEinstry. The complaiut in this case was in these words: “John ~W. Mann & Co. \ The plaintiffs, John-us. IW. Mann and W. James L. Childress, and i Blake Rose, partnersSusannah L. Childress, his wife./'trading and doing business in the city of Mobile under the name-and style of John W. Mann & Co., claim of the defendants the sum of two hundred and five 26-100 dollars, due by account on the 30th June, 1857. “ The said plaintiffs claim of the defendants, also, the' further sum of two hundred and five 26-100 dollars, due for…
1Opinion of the CourtWalker, J.
The complaint in this case does not show a substantial cause of action against the female appellant; consequently, the judgment must be reversed, notwithstanding it was rendered upon a default, and there was no objection in the court below.—Blount v. McNeill, 29 Ala. Rep. 473; Stewart v. Goode & Ulrick, 29 Ala. Rep. 476.
[2.] The marginal description of the parties states, that the female plaintiff'is the wife of her co-plaintiff. The first count of the complaint is upon an account. A married woman cannot contract an account, during her coverture, for which she can be personally proceeded…
2Cases cited3 opinions
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Blount v. McNeillSupreme Court of Alabama · 1856
3Cited by11 opinions
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Foster v. StateSupreme Court of Alabama · 1864
- Kelly v. MooreSupreme Court of Alabama · 1874
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
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