Magruder v. Buck

Citations

• 56 Miss. 314

Syllabus

<p>1. Mabbied Woman. Judgment. Record.</p> <p>A judgment against a married woman upon her contract, where the record does not show a state of case in which she is authorized to contract, is void absolutely.</p> <p>2. Same. Doing business as feme sole. Declaration against. Void judgment.</p> <p>J. M. sued M. M., who was a married woman, upon a contract of lease, and recovered a judgment against her. The declaration described the defendant as “doing business as a feme sole,” but did not aver that she was “engaged in trade or .business as a feme sole ” when the contract was made, or that it was “made in the course of such trade or business;” and it contained no statement of facts from which it could be inferred that such was the case. There was nothing in the judgment to aid the declaration. S'eld, that the judgment is void.</p>