Legal Opinion

Proper v. Cobb

Massachusetts Supreme Judicial Court

Decided September 15, 1870PublishedCited by 5 opinions

Tort by the wife of David H. Proper against a deputy sheriff o recover the value of a colt and some lumber, alleged to be tier separate property, and attached by the defendant on a writ against her husband.

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Tort by the wife of David H. Proper against a deputy sheriff o recover the value of a colt and some lumber, alleged to be tier separate property, and attached by the defendant on a writ against her husband. At the trial in the superior court, before Brigham, C. J,., it appeared that the colt was bought by the plaintiff before her marriage, with the intention of raising and keeping it for use; that after marriage she had, with her separate money, bought standing trees, and had them cut down and prepared as building material for the purpose of erecting a house, to be occupied by her and her…

1Opinion of the CourtChapman, C. J.

The St. of 1862 c. 198, requires that “ any married woman, now doing business or hereafter proposing to do business on her separate account, shall file a certificate in the clerk’s office of the city or town,” “ setting forth the name of her husband, the nature of the business proposed to be done, and the place where it is to be done, giving the street and number if practicable, and whenever the place of business or the' nature of the business is changed, a new certificate ” must be filed, otherwise the property employed in such business is sub* ject to attachment by the husband’s creditors.…

2Cited by5 opinions

  1. Peck v. Marling's Adm'r.West Virginia Supreme Court · 1883
  2. Snow v. SheldonMassachusetts Supreme Judicial Court · 1879
  3. Wheeler v. RaymondMassachusetts Supreme Judicial Court · 1881
  4. Desmond v. YoungMassachusetts Supreme Judicial Court · 1899
  5. Lockwood v. CoreyMassachusetts Supreme Judicial Court · 1889

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