Gibson v. Marquis
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. JOHN Gill Shorter. The complaint in this case was in these words : ; John Gibson, plaintiff, vs. George Marquis, and Mary R. Marquis, deft’s.
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Appeal from the Circuit Court of Macon. Tried before the Hon. JOHN Gill Shorter. The complaint in this case was in these words : ; John Gibson, plaintiff, vs. George Marquis, and Mary R. Marquis, deft’s. The plaintiff claims of the defendants $6,425, with interest thereon, due by two promissory notes, made by them on the 30th day of September, 1854, and payable on or before the 1st day of January, 1856 ; the one for $3,212, with interest from the 1st day of January, 1855 ; the other for $3,213. And the plaintiff avers, that said Mary R. Marquis is the wife of the said George Marquis, with…
1Opinion of the CourtWalker, J.
The judgment of the court below must be reversed ; and we therefore proceed to consider the various questions which will probably arise on the trial of the case in the court below, and to the decision of which we are invited by the counsel on both sides.
The contract of a married woman, at common law, was void ; and no'judgment, for a debt' contracted by her, could be rendered against her personally. Her separate estate could, in equity, be subjected to the payment of the debt. The question in this case is, whether or not the common law is so far changed by the Code, that a married woman can…
2Cases cited5 opinions
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