Black v. Bryan
Texas Supreme Court
Appeal from Brazoria. Tried below before George Quinan, Esq., appointed by the parties. Suit by appellee against appellant, for the value of work and labor done, and materials furnished, in extracting and putting in teeth for Sarah, the wife of the defendant: the labor and material were alleged to be reasonably worth $225 ; it was alleged that the same were necessaries for said Sarah ; and it was also alleged that they were done and furnished with the knowledge and consent…
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Appeal from Brazoria. Tried below before George Quinan, Esq., appointed by the parties. Suit by appellee against appellant, for the value of work and labor done, and materials furnished, in extracting and putting in teeth for Sarah, the wife of the defendant: the labor and material were alleged to be reasonably worth $225 ; it was alleged that the same were necessaries for said Sarah ; and it was also alleged that they were done and furnished with the knowledge and consent of the defendant. The defendant filed his answer, which after a general demurrer, set up in substance : that the…
1Opinion of the Court
Hemphill, Ch. J.
At Common Law the personal existence of a married woman is merged, for the most part, in that of her husband. Her disability is almost complete. Her personal property, by marriage vests in the husband ; and the right of disposition of her real property, and even taking its fruits, is taken away from her. “ In general, whatever she “ earns during marriage she earns as his servant, and for him; “ for, in law, her time and her labor, as well as her money, are “ his property.” (1 Parson’s on Contracts, 286.) And notwithstanding the husband lives apart from his wife, and in a state…
2Cited by12 opinions
- Dickson v. StricklandTexas Supreme Court · 1924
- Goldberg v. ZellnerTexas Commission of Appeals · 1921
- New York Life Insurance v. Patterson & WallaceCourt of Appeals of Texas · 1904
- Carter v. HowardSupreme Court of Vermont · 1866
- Dollahite-Levy Co. v. OvertonSupreme Court of Alabama · 1931
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