Payne v. Bayze

Court of Appeals of Kentucky

Payne v. Bayze

5 Ky. Op. 258, 1871 Ky. LEXIS 363

DecidedOctober 2, 1871

StatusPublished

This text of 5 Ky. Op. 258 (Payne v. Bayze) 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.

Bluebook

Payne v. Bayze, 5 Ky. Op. 258, 1871 Ky. LEXIS 363 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Pryor:

It was improper to render a personal judgment in this case against the wife. The statute makes the estate of the wife liable for necessaries furnished, when evidenced by writing, signed by herself and husband, but does not make here personally responsible for the debt. A judgment upon a case made out under the statute can only be against her estate.

The judgment is reversed and cause remanded for further proceedings not inconsistent with this opinion.

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Opinion by

Judge Pryor:

It was improper to render a personal judgment in this case against the wife. The statute makes the estate of the wife liable for necessaries furnished, when evidenced by writing, signed by herself and husband, but does not make here personally responsible for the debt. A judgment upon a case made out under the statute can only be against her estate.

The judgment is reversed and cause remanded for further proceedings not inconsistent with this opinion.

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Bluebook (online)

5 Ky. Op. 258, 1871 Ky. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-bayze-kyctapp-1871.