May v. Smith, Edwards & McKeithen
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before Hon. Luther E. Smith. The appellees brought an action against the appellants, Hiram J. May and Martha, his wife, to recover the sum of one hundred dollars, alleged to be due by them for work and labor, &c., medical services, and drugs and medicines furnished by the appellees to the appellants during the years 1868 and 1869. The complaint alleges, in substance, the marriage of defendants in this State, their living…
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Appeal from the Circuit Court of Autauga. Tried before Hon. Luther E. Smith. The appellees brought an action against the appellants, Hiram J. May and Martha, his wife, to recover the sum of one hundred dollars, alleged to be due by them for work and labor, &c., medical services, and drugs and medicines furnished by the appellees to the appellants during the years 1868 and 1869. The complaint alleges, in substance, the marriage of defendants in this State, their living together as husband and wife in this State, and the possession by the wife of a separate statutory estate under the laws of…
1Opinion of the CourtB. F. Saffold, J.
Are the professional services of-a physician, and medicines furnished by him to a family, suitable to their degree and condition in life, and for which the husband would be responsible at common law, a proper charge against the separate estate of the wife, under section 2376 of the Bevised Oode? Are the children of the husband by a former marriage such members of the household or family, when residing in it, as is contemplated by that statute?
The preservation of the property is subordinate to the subsistence of its possessors. Personal service at times is as indispensible to life as food and…
2Cited by5 opinions
- Holloway v. State Farm Mutual Automobile Insurance Co.Supreme Court of Alabama · 1963
- Gabriel v. MullenMissouri Court of Appeals · 1888
- Jordan & Sons v. SmithSupreme Court of Alabama · 1887
- McDuff v. KurnSupreme Court of Alabama · 1937
- Lynch v. BoyerIndiana Court of Appeals · 1914