Prentiss v. Paisley

Citations

• 25 Fla. 927

Syllabus

<p>1, A bill of review for error of law apparent upon the record will lie, although the decree sought to be reviewed is a final decree, consequent upon a decree pro confesso for failure of defendant to plead.</p> <p>3. Where the bill does not justify the final decree following the decree pro confesso, a bill of review for error apparent upon the record as a proper remedy for relief in the court rendering such decree, and an appeal the remedy through the appellate court.</p> <p>3. A married woman is by the common law incapable of making a contract that will bind her personally either in law or equity, and for this reason there cannot, in the absence of legislation changing the common law, be a judgment or decree'against her personally for the recovery of money as distinguished from a decree charging her sepárate equitably estate or other property with the payment of money. No exception to this rule is created by the existence of a marriage contract between husband and wife giving her tire right to control and manage her separate estate and property llie same as if she had remained unmarried.</p> <p>4. A married woman is personally liable for her civil torts, including such frauds as do not grow out of or are not directly connected with or a part of a contract which she has undertaken to make.</p> <p>5. Wherever coverture avoids a contract which a wife has attempted to make, it likewise bars a personal recovery against the wife on the ground of the fraud co-nected therewith, and the bar cannot be overcome by suing her in an action ex delicto.</p> <p>O. It i? error to decree a recovery of money of or against a married woman personally, in a suit in equity instituted to set aside a contract for tliesale of land on tlie ground of fraud and to recover the amount of a cash payment made thereon by the complainant.</p> <p>7. The mai'ital relation does not of itself disqualify a husband from acting as the agent of his wife with reference to her separate estate.</p> <p>8. The