Weisiger v. Wood

Citations

• 36 S.C. 424
• 15 S.E. 597
• 1892 S.C. LEXIS 103

Syllabus

<p>1. Inconsistent Defences. — A party sued as administrator of his de- ■ ceased wife cannot claim that he should have been sued as surviving partner of such wife, while at the same time contending that she, as a married woman, was incapable of forming a partnership.</p> <p>2. Facts in Law Case — 'Married Women — Partnership.—The Circuit Judge having found as a fact in a law ease tried by him without a jury, that the plaintiffs’ claim was for goods'sold to a pretended partnership composed of husband and wife, it follows that the separate estate of the wife is not liable on such claim.</p>