Aiken v. Davis

California Supreme Court
Aiken v. Davis, 17 Cal. 119 (Cal. 1860)
Cope

Aiken v. Davis

Opinion of the Court

Cope, J. delivered the opinion of the Court

Field, C. J. concurring:

*121Upon a further examination of this case, we are satisfied that our former decision was erroneous, and that the judgment should be reversed. The -principal defendant is a married woman, and as against her the complaint does not state facts sufficient to constitute a cause- of action. She could only be held in the character of a sole trader under the statute; and the allegation that she was doing business as a femme sole with the consent of her husband is insufficient. Enough should have been stated to establish her liability as a sole trader.

Judgment reversed, and cause remanded.

Reference

Full Case Name
AIKEN v. ANN DAVIS and Her Husband
Status
Published
Syllabus
Wuere husband and wife are sued for rent claimed on a lease made by plaintiff to the wife—plaintiff and the wife being tenants in common of the property: Held, that the wife can be liable only as sole trader under the statute; and that the complaint must aver facts requisite to establish her liability in that charac. ter; and that the allegation that she “ was doing business as a femme sole with the consent of her husband ” is insufficient.