Thompson v. Weller

Citations

• 85 Ill. 197

Syllabus

<p>1. Statutes—rule of construction. In the construction, of statutes in derogation of the common law, courts can not properly give force to the statute beyond what is expressed by its words, or is necessarily implied from what is expressed.</p> <p>2. Married woman—power to contract at common lam. At common law, if a married woman enters into a contract, however valid as respects her separate property, she can not be sued upon it at law, and it does not, in any way, at law or in equity, bind her personally.</p> <p>3. Same—power to contract under statute. Under the Married Woman’s Act of 1861, and the amendatory statute of 1869, a married woman has no legal capacity conferred on her to purchase real estate, and make a contract for the purchase money, on which she can be held personally liable. She can make contracts only so far as is necessary for the use and enjoyment of her property or in respect to her earnings.</p>