Legal Opinion

Parker v. Roswald

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 6 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. JoiinP. Hubbard. This action was brought by Poswald & Stoll, suing as partners, against Mrs. T. B. Parker, and was commenced on the 7th August, 1885. The complaint contained only the common count for the price of goods sold and delivered.

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JoiinP. Hubbard. This action was brought by Poswald & Stoll, suing as partners, against Mrs. T. B. Parker, and was commenced on the 7th August, 1885. The complaint contained only the common count for the price of goods sold and delivered. The defendant pleaded her coverture at the time the goods were bought, and at the commencement of the action ; to which the plaintiff replied, that she had been relieved of the disabilities of coverture by a decree of the chancellor, in a proceeding instituted under section 2731 of the Code.…

1Opinion of the CourtSomebyille, J.

The only question presented for our decision by the record in this cause is, whether a married woman, whose disabilities of coverture have been removed under the provisions of section 2731 of the Code, can bind herself by contract in such manner as to authorize the rendition of a personal judgment against her.

This statute confers on the several chancellors of this State the authority “ to relieve married women of the disabilities of coverture, as to their statutory and other separate estates, so far as to invest them with the right to buy, sell, hold, convey, and mortgage real and personal…

2Cases cited4 opinions

  1. Ashford v. WatkinsSupreme Court of Alabama · 1881
  2. Cohen v. Wollner, Hirschberg & Co.Supreme Court of Alabama · 1882
  3. Dreyfus v. WolffeSupreme Court of Alabama · 1880
  4. Hatcher v. DiggsSupreme Court of Alabama · 1884

3Cited by6 opinions

  1. Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
  2. Parker v. MarksSupreme Court of Alabama · 1886
  3. Robinson v. WalkerSupreme Court of Alabama · 1886
  4. Askew v. RenfroeSupreme Court of Alabama · 1886
  5. Efurd v. Loeb & BrotherSupreme Court of Alabama · 1886

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