Ogden v. Guice

Citations

• 56 Miss. 330

Syllabus

<p>1. Chaitcery. Jurisdiction. Suits against mamed women.</p> <p>Where it is sought to impose a liability upon the separate property of a married woman for family or plantation supplies, or any other thing for which it may be charged under our statutes, the jurisdiction of chancery is concurrent with that of the law courts, and in many cases preferable. • Smiley v. Meyer, Weis $ Go., 55 Miss. 555, explained.</p> <p>2. Same. Oral examination of interested witness. Deposition suppressed.</p> <p>Sect. 1076 of the Oode of 1871 provides that “interested witnesses, whose depositions have been taken, shall be examined orally in court, whenever a party to the case shall make and file an affidavit that he has good reason to believe, and does believe, that such oral examination is essential to the ends of justice and a full and fair development of the case.” Where an affidavit has been made under this section by a party to the case, and his adversary declines to examine the witness orally in court, the affiant party may also refuse to examine him, and, by a motion for that purpose, may have the previously taken deposition of the witness suppressed.</p> <p>8. Makkied Womeu. Not chargeable for insurance premiums.</p> <p>One who becomes the creditor of a married woman for money paid as premia urns on a policy of insurance upon her husband’s life, for the benefit of herself and her children, cannot, under our statutes, enforce payment therefor out of her separate property.</p>