Cary v. Dixon

Citations

• 51 Miss. 593

Syllabus

<p>1 Married Women: Separate prop&rty. Sale under execution.</p> <p>To authorize a judgment against a married woman, her liability must be shown by an averment, either in the declaration or replication, and established by the evidence. A feme covert is incapable of being bound, either by contract or judgment, except in the special cases authorized by law. At common law her contracts were void, and this is the general rule; but modern statutes have made certain exceptions to this, and have given her powers, when she has a separate estate, to contract in certain cases; yet, without more appearing than her mere promise, the contract is prima facie void, and it is incumbent on him who asserts ' that the contract was made about a matter in which the statute authorized her to contract, to show it. A judgment against a feme covert is no more binding than her contract, and the records must show affirmative jurisdictional facts.</p> <p>2. Same : Same : Judgment; when binding; when a nullity.</p> <p>The judgment of a court of competent jurisdiction has a binding force until it is reversed, and must be so regarded by every other court'. But, if the court act without authority, its judgments and orders are regarded as nullities. If the court awards judgment against a married woman, in a ease unauthorized by the law, such judgment will be a nullity, and must be treated as such by other courts.</p>