Miller v. Newton
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Sonoma County. The complaint in this case averred the partnership of plaintiffs, and its style, and that at divers and sundry times between the twenty-eighth of March, 1858, and the thirteenth of March, 1861, plaintiff sold and delivered to the defendant America S. Newton (acting by the name of America S. Tate), at her request, divers goods, wares, and merchandise, .food and raiment for the support of herself and…
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Appeal from the District Court, Seventh Judicial District, Sonoma County. The complaint in this case averred the partnership of plaintiffs, and its style, and that at divers and sundry times between the twenty-eighth of March, 1858, and the thirteenth of March, 1861, plaintiff sold and delivered to the defendant America S. Newton (acting by the name of America S. Tate), at her request, divers goods, wares, and merchandise, .food and raiment for the support of herself and family, and for the benefit and advantage of her separ rate estate, as described in said complaint. That the indebtedness…
1Opinion of the CourtCrocker, J.
This is an action to recover, from the separate estate of a married woman, debts contracted by her, both before and since her marriage. The husband was made a party with the wife, but he was defaulted. The wife appeared and demurred to the complaint, on *563the ground that the same did not state facts sufficient to constitute a cause of action, and for uncertainty. The Court sustained the demurrer, and rendered judgment against the plaintiffs, from which they appeal.
The complaint avers that Mrs. hiewton purchased goods of the plaintiffs and their assignors, at various times from March 28th, 1858,…
2Cases cited2 opinions
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dupuy v. LeavenworthCalifornia Supreme Court · 1861
3Cited by7 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Maclay v. LoveCalifornia Supreme Court · 1864
- Terry v. HammondsCalifornia Supreme Court · 1873
- Kantrowitz v. PratherIndiana Supreme Court · 1869
- Wisnom v. McCarthyCalifornia Court of Appeal · 1920
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