Thomas v. Seller & Co.

Opinion of the Court by

Judge Hardin:

This was an ordinary action upon a promissory note for $435. executed by the appellants, Nancy Thomas and her husband, B. W. Thomas, to the appellees for a carriage. B. W. Thomas made no defense, and a judgment was rendered against him by default; but his wife pleaded her coverture, at the time of the execution of the note, as a bar to the action as against her. Subsequently the pleadings were so amended as to present the issue, whether the carriage was necessary for the use of Mrs. Thomas and her family, considering her circumstances and station in life —…