|Court of Appeals of Kentucky.|
|HOWARD v. GIBSON et al.|
|SAME v. JEFFRIES.|
|Jan. 25, 1901.|
Appeals from circuit court, Bell county.
"Not to be officially reported."
Action by T. F. Gibson, administrator of J. M. Pursifull, deceased, and James J. Gibson against N. J. Howard and others to enforce a judgment.
Judgment for plaintiffs, and defendant N. J. Howard appeals.
DU RELLE, J.
Appellant and her husband executed their joint note in payment for a stock of goods on February 9, 1890. In December, 1894, after the adoption of the Weissenger act of March 15, 1894, suit was brought on the note, and judgment rendered against the makers. Execution having been returned "No property found," the present suit was instituted to enforce satisfaction of the judgment. An answer was filed in which appellant denied liability upon the ground that as the note was invalid no binding judgment could be rendered against her upon it. A demurrer to the answer was filed and sustained. It is objected here that the construction put by the trial court upon the act of March 15, 1894, is an unconstitutional taking away of a defense to which she had a vested right, and the imposition of a duty upon her to appear and defend in a suit against her upon a void contract which did not exist before the statute. The conclusion reached that, having by the act been authorized to sue and be sued as a single woman, appellant "stands before the law in this respect just as a divorced woman or a widow would have stood prior to the passage of the statute referred to, if sued upon an obligation made during her coverture."
For the reasons given, the judgment is affirmed.
HOWARD v. GIBSON et al. SAME v. JEFFRIES.
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