Miller v. Bannister
Massachusetts Supreme Judicial Court
Replevin of a horse and wagon from a deputy of the sheriff of Middlesex. Writ dated May 20, 1870. The defendant answered that he took and was holding the horse and wagon by attachment upon the writ, sued out on May 19, 1870, in an action of contract brought by Isaac B. Little against Franz X. Miller, the plaintiff’s husband, on a promissory note alleged to have been made by said Franz.
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Replevin of a horse and wagon from a deputy of the sheriff of Middlesex. Writ dated May 20, 1870. The defendant answered that he took and was holding the horse and wagon by attachment upon the writ, sued out on May 19, 1870, in an action of contract brought by Isaac B. Little against Franz X. Miller, the plaintiff’s husband, on a promissory note alleged to have been made by said Franz. At the trial in the superior court, before Putnam, J., the plaintiff rested her case upon evidence that she carried on business in. ramingham on ner sole and separate account, and that the horse and wagon were…
1Opinion of the CourtGbay, J.
By the present law of this Commonwealth, the property of a married woman and that which she acquires by trade or business carried on by her on her separate account is her sole and separate property. Gen. Sts. o. 108, § 1. In case she carries on such business without filing a certificate of the fact in the town clerk’s office, she cannot indeed claim the personal property employed in such business as against the creditors of her husband, but the same may be attached on mesne process by any such creditor, or taken upon execution against the husband. St. 1862, o. 198, § 1. But by the express…
2Cited by3 opinions
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- Mason v. BowlesMassachusetts Supreme Judicial Court · 1875