Alexander v. Saulsbury
Supreme Court of Alabama
Appeal from-the Circuit Court of -Barbour. Tried before-the Hon. Jxo. Gill :&iorteR. The complaint in this case was in the following words : “‘Mary S. Salisbury. \ The plaintiff claims of the defend-ió. > ant fifty-six 95-100 dollars, due by Ezekiel Alexander.account for-goods and merchandize furnished by plaintiff to defendant, at his instance and. request; which .'account was payable on the 1st January, 1854, with interést thereon.
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Appeal from-the Circuit Court of -Barbour. Tried before-the Hon. Jxo. Gill :&iorteR. The complaint in this case was in the following words : “‘Mary S. Salisbury. \ The plaintiff claims of the defend-ió. > ant fifty-six 95-100 dollars, due by Ezekiel Alexander.account for-goods and merchandize furnished by plaintiff to defendant, at his instance and. request; which .'account was payable on the 1st January, 1854, with interést thereon. The plaintiff avers, that, at the time of the purchase of said goods and merchandize from her by the defendant, and at the commencement of this suit, she (the…
1Opinion of the CourtR. W. Walker, J.
A married woman, having a statutory separate estate, sells and delivers to the purchaser a portion, of the same, without the concurrence of her husband ; can she, by suit upon the contract, in her own name, recover of the purchaser the value, or agreed price of the property ?: Our opinion is, that this question must be answered in the negative.
Section 2131 of.the Code provides, that “husband and wife must be joined, either as plaintiffs or defendants, when the wife has an interest in the subject-matter of the suit, unless the suit relate to her separate estate, when she must sue or-be sued…
2Cases cited4 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Drake v. GloverSupreme Court of Alabama · 1857
- Smyth v. OliverSupreme Court of Alabama · 1857
- Rogers v. BoydSupreme Court of Alabama · 1858
3Cited by13 opinions
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- O'Neal v. RobinsonSupreme Court of Alabama · 1871
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Wife v. DarginSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.