Avery v. Doane
District Court, W.D. Wisconsin
At law. This proceeding was commenced by writ of attachment which was served on Sarah A. Doane, as garnishee. Her answer was taken before a commissioner of this court, wherein she states she is the wife of the defendant, Edgar P. Doane, and has been for eighteen years, and that she resides with her husband at Green Bay, where she is and has been engaged in the dry goods, millinery and fancy goods business for four years; that she carries on the business and buys goods in New…
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At law. This proceeding was commenced by writ of attachment which was served on Sarah A. Doane, as garnishee. Her answer was taken before a commissioner of this court, wherein she states she is the wife of the defendant, Edgar P. Doane, and has been for eighteen years, and that she resides with her husband at Green Bay, where she is and has been engaged in the dry goods, millinery and fancy goods business for four years; that she carries on the business and buys goods in New York and Chicago in her own name, principally on credit. She also bought goods on credit out of her husband’s store…
1Opinion of the Court
MILLER, District Judge.
There is no law in this state recognizing the custom of London, whereby married women may carry on the business of trade and merchandise as femes sole, while cohabiting with their husbands. In some states femes covert may carry on business as femes sole in pursuance of statutes, while their husbands are engaged as mariners and absent from the country. This is the extent of legislation upon this subject in any of the states within my knowledge. It is unnecessary to refer to authorities to prove, that at common law the husband is entitled to the goods and chattels of the…
2Cases cited45 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Knapp v. . SmithNew York Court of Appeals · 1863
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Schwartz v. SaundersIllinois Supreme Court · 1867
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