Sypert v. Harrison
Court of Appeals of Kentucky
Case 72 — PETITIONS EQUITY — APPEALS PROM CHRISTIAN CIRCUIT COURT. 1. The cx-parte proceedings relied upon as conferring upon appellant the rights and powers of a single woman are not sufficient for that purpose, as the record fails to show the state of facts, either by allegation or proof, which the statute requires.
Read the full summary
Case 72 — PETITIONS EQUITY — APPEALS PROM CHRISTIAN CIRCUIT COURT. 1. The cx-parte proceedings relied upon as conferring upon appellant the rights and powers of a single woman are not sufficient for that purpose, as the record fails to show the state of facts, either by allegation or proof, which the statute requires. (General Statutes, chapter 62, article 2, section 0; Moran v. Moran, 12 Bush, 301; Eranklin, ex-parte, 79 Ky., 497; Small v. Small, 2 Bush, 45.) The attack which the appellant makes upon these proceedings is not collateral, but direct. 2. Even if the personal judgment can be…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The appellant, Martha D. Sypert, was made a feme sole in 1874 by the judgment of a court of competent jurisdiction. All the rights, powers and privileges named in. section 6, article 2, chapter 52 of the G-eneral Statutes, were thereby conferred upon her. This included the-power to contract, sue and be sued.
She now complains because the judgment in these consolidated actions makes her personally liable upon the obligations upon which it is based. Being now a married woman, and having been such when they were created,, no personal judgment could…
2Cases cited4 opinions
- Hart v. GrigsbyCourt of Appeals of Kentucky · 1879
- Moran v. MoranCourt of Appeals of Kentucky · 1876
- Ex parte FranklinCourt of Appeals of Kentucky · 1881
- Mann v. Martin, Adm'rCourt of Appeals of Kentucky · 1879
3Cited by1 opinion
- Hurlburt v. KephartSupreme Court of Colorado · 1911