McGinty v. Mabry
Supreme Court of Alabama
Appeal from the Court of Probate of Barbour. George W. McGinty and Elizabeth, his wife, were cited before the Court of Probate to make a final settlement of the said Elizabeth’s guardianship of her minor son, Moses Griffith.
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Appeal from the Court of Probate of Barbour. George W. McGinty and Elizabeth, his wife, were cited before the Court of Probate to make a final settlement of the said Elizabeth’s guardianship of her minor son, Moses Griffith. Their accounts were audited and stated, showing a balance in the hands of the said guardian of $594 50. Legal notice by publication having been given, the court proceeded to render a final decree, which is as follows : “ It is therefore ordered, that the said account of the said guardian as stated be allowed, arid recorded and filed; it is further ordered, that Seth…
1Opinion of the CourtPhelan, J.
The only ground upon which the liability of McGinty, the husband, can be based, is his intermarriage with *673Mrs. Griffith, who, previous to her marriage with him, was guardian to her minor son by a former marriage, now the ward of the defendant in error.
It is well settled, that the husband cannot be sued alone, for the debts of the wife contracted before marriage.—Gage v. Reid, 15 Johns. 403; 7 Term R. 348. The same principle will cover every species of civil liability incurred by the wife before marriage, whether by tort or contract, in her own right or as administratrix or guardian.—2…
2Cases cited2 opinions
- Byrne v. Van HoesenNew York Supreme Court · 1809
- Gage v. ReedNew York Supreme Court · 1818
3Cited by4 opinions
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Alabama Conference M. E. Church South v. PriceSupreme Court of Alabama · 1868
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Brooks v. CarterSupreme Court of Alabama · 1860