Fell v. Brown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia County: Of July Term, 1886, No. 196. Case by H. H. Brown against Reese D. Fell and Ella G. Fell, his wife. Plea not guilty by Ella G. Fell. A judgment was obtained against Reese D. Fell for want of a plea.
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Error to the Court of Common Pleas, No. 3, of Philadelphia County: Of July Term, 1886, No. 196. Case by H. H. Brown against Reese D. Fell and Ella G. Fell, his wife. Plea not guilty by Ella G. Fell. A judgment was obtained against Reese D. Fell for want of a plea. The narr alleged that Ella G. Fell, the wife of Reese D. Fell, acting through an agent bought of the plaintiff certain furniture in a house leased by the plaintiff, and agreed to purchase all his right in the lease of said house, upon the terms that the said furniture and the said lease should be delivered by the plaintiff to the…
1Opinion of the CourtJustice Gordon
If courts and counsel would but reflect for one moment on the status of the married woman at common law and then turn to our statutes to ascertain how far the rule of that law has been relaxed, we should have fewer cases like that now before us. At common law the contract of a married woman, even for family necessaries, was void, and the only modification of this rule so far as our commonwealth is concerned, is found in *221the Act of the 11th of April, 1848. This Act, however, provides “ that judgment shall not be rendered against the wife, in such joint action, unless it shall have been proved…
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