Halliday v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This was a motion to subject tbe separate statutory estate of Mrs. Sidney Jones, to the payment of a judgment heretofore rendered in favor of D. T. Halliday, the plaintiff’ and appellant, against E. G. Jones, husband of said Mrs. Jones, on the ground that said judgment was obtained in a suit on an account for articles of comfort and support of the family, and for which the husband was liable at common…
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Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This was a motion to subject tbe separate statutory estate of Mrs. Sidney Jones, to the payment of a judgment heretofore rendered in favor of D. T. Halliday, the plaintiff’ and appellant, against E. G. Jones, husband of said Mrs. Jones, on the ground that said judgment was obtained in a suit on an account for articles of comfort and support of the family, and for which the husband was liable at common law.. Defendant demurred to the motion, on the grounds, first, that the facts set forth in the motion are insufficient…
1Opinion of the CourtStone, J.
The record in the present case contains no evidence that the articles, in payment of which Mrs. Jones’ property is sought to be condemned, are of the class or classes for which her statutory separate estate is liable. — Code of 1876, § 2711. Neither is there any evidence that the articles, or any of them, were purchased before February 21, 1870, the date of the enactment of the statute declaring Mrs. Jones a free-dealer, with the right to sue and be sued, and to manage her own estate. This statute, from the date of its approval, changed her own status, and that of her property. Her husband…
2Cases cited3 opinions
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Wilson v. Matthews, Finley & Co.Supreme Court of Alabama · 1858
3Cited by6 opinions
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Ashford v. WatkinsSupreme Court of Alabama · 1881
- Ramage v. TowlesSupreme Court of Alabama · 1888
- Memphis Charleston Railroad v. BynumSupreme Court of Alabama · 1890
- Robinson v. WalkerSupreme Court of Alabama · 1886
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