Mallett v. Parham
Mississippi Supreme Court
Error to the Circuit Court of Qopiah Comity. Hon. Uriah Millsaps, Judge. Parham & Blunt, merchants in New Orleans, brought suit-against Irene Mallett and her husband, James B. Mallett, to-recover the amount of an account for merchandise sold and delivered.
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Error to the Circuit Court of Qopiah Comity. Hon. Uriah Millsaps, Judge. Parham & Blunt, merchants in New Orleans, brought suit-against Irene Mallett and her husband, James B. Mallett, to-recover the amount of an account for merchandise sold and delivered. The declaration charges that the goods, wares, and merchandise were for the necessary apparel and other necessaries for the said Irene Mallet and her children, and for supplies for' her plantation, and at her instance and request. Defendants pleaded non assumpsit. There were two trials-(the first verdict having been set aside), the latter…
1Opinion of the CourtPeytoN, J.
The defendants in error obtained a judgment in the circuit court of Copiah county, against the plaintiffs in error, for the sum of $850, upon a contract of said husband and wife for supplies for the plantation of the wife.
The errors assigned are as follows :
I. The court erred in rendering judgment against J. B. Mallett upon a cause of action against the wife alone.
2. The court erred in rendering a personal judgment against, the said Irene, instead of a judgment against her to be levied of her separate estate.. At common law the wife is incapable of making any binding contract. But art. 25,…
2Cited by1 opinion
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