Evans v. Cleary
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON FLEAS OF CHESTER COUNTY. No. 174 July Term 1888, Sup. Ct.; court below, No. 28 October Term, 1885, C. P. On September 7, 1885, P. Cleary issued a writ of foreign attachment in debt, against T. B. Evans and Mary A. Evans his wife, with whom he joined John J. Pinkerton et al., executors of John Todd deceased, to attach a legacy held by said executors for Mary A. Evans under the will of John Todd, her father.
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ERROR TO THE COURT OF COMMON FLEAS OF CHESTER COUNTY. No. 174 July Term 1888, Sup. Ct.; court below, No. 28 October Term, 1885, C. P. On September 7, 1885, P. Cleary issued a writ of foreign attachment in debt, against T. B. Evans and Mary A. Evans his wife, with whom he joined John J. Pinkerton et al., executors of John Todd deceased, to attach a legacy held by said executors for Mary A. Evans under the will of John Todd, her father. The cause of action was a transcript of the judgment of a justice of the peace of Illinois, obtained against Mrs. Evans for necessaries, more than six years…
1Opinion of the Court
*209Opinion,
Mr. Justice Williams :
The claim of the plaintiff is for necessaries furnished to Mary A. Evans, who was ■ then and still is a married woman. She was domiciled in Chicago in the state of Illinois, where she contracted for the goods with Cleary, a grocer of the same city. The statutes of Illinois provide that a married woman may make contracts and incur liabilities in the same manner as if she was unmarried, and that such contracts §nd liabilities may be enforced against her separately; with the proviso that she may not enter into a partnership contract without his consent, unless he…
2Cases cited4 opinions
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
- Spearman v. WardSupreme Court of Pennsylvania · 1887
- Smith's AppealSupreme Court of Pennsylvania · 1883
3Cited by11 opinions
- Baum v. BirchallSupreme Court of Pennsylvania · 1892
- Bolender v. Farm Bureau Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1973
- Shane v. Commercial Casualty Ins. Co.District Court, E.D. Pennsylvania · 1942
- Bowles v. FieldU.S. Circuit Court for the District of Indiana · 1897
- Cohen v. CohenSupreme Court of Pennsylvania · 1986
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