Legal Opinion

Bender v. Meyer & Co.

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 11 opinions

Appear from the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. This action was brought by M. Meyer & Co., a mercantile partnership, against John T. Bender and Nancy C. Bender, his wife ; was commenced on the 10th.

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Appear from the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. This action was brought by M. Meyer & Co., a mercantile partnership, against John T. Bender and Nancy C. Bender, his wife ; was commenced on the 10th. February, 1874, and was founded on an account, amounting to $351.46, for goods, wares, and merchandize, sold and delivered by the plaintiffs to said John T. Bender, between the 19th December, 1871, and 26th October, 1872. The complaint alleged, that the goods sold and delivered “ were articles of comfort and support of the household, suitable to the degree and…

1Opinion of the Court

BRICKELL, C. J. —

The assignments of error present several questions, but we deem it necessary to express an opinion on two only, which will probably be decisive of the case. The first is, whether the constitution has relieved the wife’s separate estate from its statutory liability for articles of comfort and support of the household ? The section of the constitution, which, it is argued, operates to remove the liability, is in these words : “ The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may after-wards…

2Cases cited8 opinions

  1. Durden v. McWilliamsSupreme Court of Alabama · 1858
  2. Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
  3. Taylor v. WoodsSupreme Court of Alabama · 1875
  4. Cunningham v. FontaineSupreme Court of Alabama · 1854
  5. Sharp v. Burns & ColesSupreme Court of Alabama · 1860

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
  2. Lee v. TannenbaumSupreme Court of Alabama · 1878
  3. Fies & Sons v. LowerySupreme Court of Alabama · 1933
  4. Holt v. AgnewSupreme Court of Alabama · 1880
  5. Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896

6 more not listed; retrieve them via the Exa API.

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