Polly v. Walker
Supreme Court of Iowa
Appeal from Monona District Court. The facts of this case, as appears from the pleadings, are as follows: Prior to March, 1865, the plaintiff was the wife of William Polly, and the defendant, Johnson, was the owner of a store in which he kept a general stock of merchandise, and he sold to said Polly goods, merchandise, flour, groceries and other articles for use in the family as necessaries, amounting in value to more than $300. In 1867, the said Johnson recovered a judgment…
Read the full summary
Appeal from Monona District Court. The facts of this case, as appears from the pleadings, are as follows: Prior to March, 1865, the plaintiff was the wife of William Polly, and the defendant, Johnson, was the owner of a store in which he kept a general stock of merchandise, and he sold to said Polly goods, merchandise, flour, groceries and other articles for use in the family as necessaries, amounting in value to more than $300. In 1867, the said Johnson recovered a judgment against William Polly for the amount of the claim. The entry of judgment was made by consent of William Polly in the…
1Opinion of the CourtRothrock, J.
Section 2507 of the Revision of 1860, under which the rights of these parties arose, was as follows: “ The expenses of the family, the education of the children, and such other obligations as come within the equity of this provision, are chargeable upon the property of both husband and wife, or of either of them, and in relation thereto they may be sued jointly, or the husband separately.”
*88Counsel for appellant contends that, although this debt was contracted prior to 1867, and suit was brought in that year against the husband alone, and judgment obtained against him, without any reference to…
2Cases cited1 opinion
- Lawrence v. SinnamonSupreme Court of Iowa · 1867
3Cited by7 opinions
- Phipps v. KellyOregon Supreme Court · 1885
- Littell v. MintonSupreme Court of Iowa · 1897
- Waggoner v. TurnerSupreme Court of Iowa · 1886
- Gilman v. MatthewsColorado Court of Appeals · 1904
- Staver Carriage Co. v. BeaudryAppellate Court of Illinois · 1907
2 more not listed; retrieve them via the Exa API.