Todd v Stoakes
| Jurisdiction | England & Wales |
| Year | 1795 |
| Date | 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 108
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 8. W. 3, coram Holt C. J. At Nisi Prius at Guildhall 1 Ld. Raym. 444, S. C.
6. todd versus stoakes. [Mich. 8. W. 3, cm-am Holt C.J. At Nisi Prius at Guildhall. 1 Ld. Raym. 444, S. C.] Wife cannot charge her husband, after notorious separation by consent, with separate allowance. 1 Lev. 5. 6 Mod. 147, 167. 1 Mod. 9, 124. 1 Sid. 109, 425. 1 Vent. 42, 71. 1 Keb. 69, S. C. Cases B. R. 244. Holt 100. Skin. 323-349. The plaintiff was an apothecary, and served the defendant's wife with physic, who lived separate from her husband, and had a separate allowance of 201. per annum. £tper Holt C.J. If baron and feme separate by consent, and she has a separate allowance, it it unreasonable she should have it still in her power to charge him; and it is not to be presumed, but tradesmen that deal with her, trust her on her own credit, and not on the credit of her husband, and a personal notice is not necessary; it is sufficient that it be public and commonly known (o). (a) Vide note to Etherington v. Parrot, post, pi. 10
English Reports Citation: 91 E.R. 109
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 9 Will. 3, B. R.
1 SALKBLD, 117. BARON AND FEME 109 7. woodyer versus gresham. [Mich. 9 Will. 3, B. R.] Garth. 30, 415. 1 Sid. 337. 1 Roll. Abr. 351, G. 5: Scire fatias by baron and feme upon a judgment recovered by the feme while sole, and after execution awarded feme dies, it survives to the husband. Vide 3 Mod. 186. 1 Mod. 177,179. Cro. Car. 208, 519, S. C. Skin. 682. Comb. 102, 103, 455. 3 Salk. 63. Holt 101. Moor 761, pi. 1056. 3 Mod. 189, 190. Infra, Lut. 672. Cro. Jac. 323. Cro. Car. 232. 2 Vent. 195. Infra. Judgment was recovered by a feme sole, who after married, and her husband and she sued a scire facias, and had an award of execution ; but, before execution executed, the wife died. The husband sued out a new scire facias; to which it was demurred. Shower objected, that the award on the first scire facias made no alteration, for the execution still must be grounded on the first judgment, and not upon the award, and that this being a chose en action must go to the administrator of the wife, and not the surviving husband. Et per Holt G.J. This case differs not from the case of Obrian, and Ram, which was in this Court, Mich. 3 Jac. 2, Rot. 192. Judgment was recovered against a feme sole who...
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Underhill v Devereux
...judgment and have an award of execution, and afterwards the wife die, the husband alone may have a scire facias to execute the judgment. 1 Salk. 116, Woodyer v. Gresham. S. C. Skin. 642. Comb. 455. Garth. 415.(i) And in like manner if a scire facias is brought against husband and wife upon ......
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