Cutcliff v. McAnally
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. Jas. B. Head. Tbis action was brought by William Cutcliff, against Mrs. Catherine McAnally, a married woman, to enforce a statutory lien on a lot belonging to tbe defendant, for a balance of about $200 alleged to be due to plaintiff under a contract for building a bouse on tbe lot; and was commenced on tbe 14th April, 1888. Tbe contract for tbe building of tbe bouse was reduced to writing, dated June 6th,…
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. Jas. B. Head. Tbis action was brought by William Cutcliff, against Mrs. Catherine McAnally, a married woman, to enforce a statutory lien on a lot belonging to tbe defendant, for a balance of about $200 alleged to be due to plaintiff under a contract for building a bouse on tbe lot; and was commenced on tbe 14th April, 1888. Tbe contract for tbe building of tbe bouse was reduced to writing, dated June 6th, 1887, and signed by tbe plaintiff and tbe defendant, but not by Patrick McAnally, tbe defendant’s husband. Tbe contract…
1Opinion of the CourtSomerville, J.
1. The first question raised on the record in this case is, whether a married woman can create a mechanic’s or material-man’s lien on her separate estate, by her verbal contract, and without the written assent of her husband; or, whether, on the contrary, her legal capacity to contract for such a lien is limited by section 2346 of the present Code, which restricts her general powers to contract as a feme sole to an instrument in writing, with the super-added assent of her husband, also expressed in writing. The case of Wadsworth v. Hodge, decided at the present term (iante, p. 500), settles…
2Cases cited10 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- The TornadoSupreme Court of the United States · 1883
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Home Federal Savings & Loan Association v. WilliamsSupreme Court of Alabama · 1963
- Jefferson Plumbers & Mill Supply Co. v. PeeblesSupreme Court of Alabama · 1916
- McAnally v. Hawkins Lumber Co.Supreme Court of Alabama · 1895
- Darlington v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Cochise County v. WilcoxArizona Supreme Court · 1912
18 more not listed; retrieve them via the Exa API.