111 Wis. 42 | Wis. | 1901
Appellant assigns, as reasons why the judgment should be reversed: (1) The evidence shows that defendant was a married woman living with her husband when the debt was contracted, and does not show that it was contracted with reference to her separate estate intending to charge the same with the payment thereof; (2) the claim was barred by the statute of limitations; (3) the judgment is irregular and unauthorized in that it is, in form, an affirmance of the judgment for damages and costs rendered in the justice’s court. As we view the case a decision of the first question renders consideration of the other two unnecessary.
Under the statutes of this state (secs. 2342, 2345, Stats. 1898) partially removing the common-law disability of married women to bind themselves at law by contract, they may contract as if sole, so far as necessary or convenient to the beneficial enjoyment of their separate property or the carrying on of their separate business or in relation to their personal services. Conway v. Smith, 13 Wis. 125; Todd v. Lee, 15 Wis. 365; Leonard v. Rogan, 20 Wis. 540; Meyers v. Rahte, 46 Wis. 655; Krouskop v. Shontz, 51 Wis. 204; Mueller v. Wiese, 95 Wis. 381. This case does not fall within the letter or the spirit of such statutes, nor within any case above cited, nor any other that has been decided by this court. The debt sued on was not contracted in the acquirement of property or in the care or use thereof. We are not dealing here with the proposition of whether a person circumstanced as appellant was may bind her separate prop
Where this court has said that the partial removal of the common-law disabilities of married women, as regards their ability'to contract, enables them to make such contracts, binding at law, as may be necessary or convenient to the beneficial enjoyment of their new rights, it refers to contracts in regard to business in its relation to property, not to the power to contract generally, from the mere fact of the possession of property sufficient to discharge contract
It follows from what has been said that the decision of the trial court, holding defendant liable at law for a debt that in no way concerned her separate property or business, was wrong and must be reversed.
By the Court.— The judgment appealed from is reversed, and the cause remanded with directions to render judgment for the defendant for costs.