Schmidt v. Postel

Citations

• 63 Ill. 58

Syllabus

<p>1. Mabbied woman—promissory note of. In an action against a husband and wife, upon a promissory note executed by both of them, the wife pleaded in bar that at the time of the making the promises, etc., mentioned, she was and still is the wife of her co-defendant, and that the note was given for hogs bought by her husband; that the debt was his, and that she signed the note only as security for him, and such note was the only cause of action, the court below sustaining a demurrer to the plea: Seld, that the court erred, the plea presenting a complete bar as to the wife.</p> <p>2. Pleading—plea of married woman. Since the act of 1861, for the protection of married women in their separate property, the wife has the right to plead separately from her husband when sued with him.</p>