English Law and Equity Reports (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...of waiver will continue until the plaintiffs have obtained satisfaction. Therefore, we are of opinion that the terms upon which this judgment of waiver ought to be reversed are simply the entry of a common appearance to the action and the payment of costs, including the costs of this application. Rule absolute accordingly. 1 A married woman living with her husband, who made her an allowance for dress, incurred without his authority a bill for dress. An action having been brought against the husband for the amonnt: --H2111, first, that evidence was receivable on the part of the husband' to show that she had incurred other debts of the same kind with other parties, and there ore that the articles in this case were not necessary.--Ens. Secondly, that it was improperly left to the jury to say whether the goods in respect of which the action was brought, were fitting for her station in life. Tms was an action for work, labor, and materials, goods sold and delivered, and on an account stated. The defendant pleaded as to 101., parcel, &c., payment into court; and as to the residue, nunquam indebitatus. At the trial, before Platt, B., it appeared that the action was brought by the plaintiffin right of his wife, a miliiner, to recover the amount of a bill incurred by the wife of the defendant, without his knowledge. The defendant, whose income amounted to between 3001. and 4001. per annum, was living with his wife, and allowed her 301. to supply her with dress. The defendant's counsel offered evidence to show that the wife of the defendant had likewise, without the consent or authority of her husband, incurred similar debts in other places, amounting in the whole to 1501. The judge, however, rejected the evidence, and left to the...