Legal Opinion

Childress v. Taylor

Supreme Court of Alabama

Decided June 15, 1858PublishedCited by 2 opinions

Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The complaint in this case was in these words : “James H. Taylor \ The plaintiff claims vs. I of the defendants a James L. Childress, and 1 balance of 98 10-100 Susannah L. Childress, his wife.) dollars, due for goods, wares and merchandise, sold and delivered by plaintiff to defendants in the months of April and May, 1857, together with interest on the amount from the time of the sale.

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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The complaint in this case was in these words : “James H. Taylor \ The plaintiff claims vs. I of the defendants a James L. Childress, and 1 balance of 98 10-100 Susannah L. Childress, his wife.) dollars, due for goods, wares and merchandise, sold and delivered by plaintiff to defendants in the months of April and May, 1857, together with interest on the amount from the time of the sale. The plaintiff avers, that Mrs. Susannah L. Childress has, and had at the time, a separate estate from her husband; and that the…

1Opinion of the Court

"WALKER, J.

A motion is made to dismiss the appeal in this case, upon the ground that the appellant, who is the principal in the appeal bond, is a feme covert. The ■Code, in sections 1987, 1998, and 2131, authorizes proceedings at law for and against a feme covert in her own name; and section 3019 requires the appellant to give the appeal bond. To deny to her the power to give an appeal bond in such cases, where her appearance is ■neither by next friend nor guardian, would involve a ■denial of the right of appeal accompanied by a supersedeas. The Code must, therefore, be understood to clothe a…

2Cases cited4 opinions

  1. Dew v. CunninghamSupreme Court of Alabama · 1856
  2. Faver v. BriggsSupreme Court of Alabama · 1850
  3. Griffin v. WilsonSupreme Court of Alabama · 1851
  4. Lucy v. BeckSupreme Court of Alabama · 1837

3Cited by2 opinions

  1. Davidson & Brady v. Street & FergusonSupreme Court of Alabama · 1859
  2. Windham v. National Fertilizer. Co.Supreme Court of Alabama · 1892

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