Pippin v. Jones & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Greene County. Tried before Hon. Litthek R. Smith. This was a suit commenced on the 10th day of March, 1871, by appellees against appellants, on an account for goods, wares, and merchandise sold during the year 1869, including the month of January, and it was sought to subject the statutory separate estate of the appellant Mrs. Pippin, wife of George Pippin, to payment of said account, on the ground that the goods, wares, and merchandise were…
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Appeal from the Circuit Court of Greene County. Tried before Hon. Litthek R. Smith. This was a suit commenced on the 10th day of March, 1871, by appellees against appellants, on an account for goods, wares, and merchandise sold during the year 1869, including the month of January, and it was sought to subject the statutory separate estate of the appellant Mrs. Pippin, wife of George Pippin, to payment of said account, on the ground that the goods, wares, and merchandise were articles of comfort and support of the household, and suitable to the degree and condition of the family and for which…
1Opinion of the CourtBrickell, C. J.
It is the accepted construction of the statutory provisions, rendering a wife’s separate estate liable “ for articles of comfort and support of the household,” and prescribing an action at law, as a remedy to enforce the liability, that thereby the capacity of the wife to contract is not enlarged, nor is her personal liability to suit and judgment at law increased. As to the wife, the suit at law is rather a proceeding in rem than in personam. The judgment rendered, as to her, ascertains and concludes no fact except that she has a separate estate, subject to its satisfaction. It is of…
2Cases cited5 opinions
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Childress v. Mann & Co.Supreme Court of Alabama · 1858
- Henry v. HickmanSupreme Court of Alabama · 1853
3Cited by9 opinions
- Home Ins. Co. v. PettitSupreme Court of Alabama · 1932
- Umbarger v. State Farm Mutual Automobile InsuranceSupreme Court of Iowa · 1934
- Boyd v. Peoples Protective Life Insurance CompanyTennessee Supreme Court · 1961
- Gabriel v. MullenMissouri Court of Appeals · 1888
- Lafrinz v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1921
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