Choppin v. Harmon
Mississippi Supreme Court
Eppop to the circuit court of Lincoln county. Smiley, J. The facts appear in tire opinion of the court. A demurrer to the declaration can never raise the question, whether a writ of attachment will lie against a married woman.
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Eppop to the circuit court of Lincoln county. Smiley, J. The facts appear in tire opinion of the court. A demurrer to the declaration can never raise the question, whether a writ of attachment will lie against a married woman. The objection should be made to the writ. 41 Miss. 627. An attachment will lie against a married woman. 41 ib. 625, 626. A foreign judgment against a married woman, when made the foundation of an action, is of the same dignity as a domestic judgment under like circumstances. Constitution of United States, art. 4, § 1; 1 Kent’s Com. 261; 7 Cranch, 481; 3 Wheat. 234 ; 5…
1Opinion of the Court
SlMEALL, J. :
The plaintiff counted upon a judgment recovered against W. B. Harmon and Mary, bis wife. In tbe district court of Louisiana, the suit was begun by attachment, which was levied on real estate. Mrs. Harmon demurred to the declaration, which was sustained, and as to her the suit was dismissed.
It has been repeatedly held by us, that, unless a married woman has a separate estate, she is subject (as to her contracts) to the disability of coverture. As a sequence of this principle, the creditor must, in his bill in equity or his declaration, aver that she has a separate estate, and that…
2Cases cited1 opinion
- Mayhew v. ThatcherSupreme Court of the United States · 1821
3Cited by4 opinions
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- Bank v. ParteeSupreme Court of the United States · 1879
- Ogden v. GuiceMississippi Supreme Court · 1879
- Bank v. ParteeSupreme Court of the United States · 1879