Davis's Admr. v. Gray
This text of 3 Ky. Op. 594 (Davis's Admr. v. Gray) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion of the Court by
No judgment affecting the estate of a married woman, even for necessaries, can be sustained without the written authority or obligation prescribed by section 1, article 2, chapter 47 Revised Statutes.
The medical services to Mrs. Davis herself were certainly necessaries, but though she was then covert, ye there was no written authority or acknowledgment.
The statute is absolute without any express or implied qualification or exception, must be strictly construed, and operated inflexibly. This court cannot curtail or relax its literal operation.
Consequently the judgment in this case against the administrator of Mrs. Davis for the medical account against her must be adjudged erroneous, and therefore is reversed, and the cause remanded for a new trial.
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Cite This Page — Counsel Stack
3 Ky. Op. 594, 1869 Ky. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daviss-admr-v-gray-kyctapp-1869.