gno.law

McKune v. McGarvey & McKeon

California Supreme Court · · 1856-07-01 · Published · 6 Cal. 497

McKUNE v. McGARVEY AND McKEON

Area
civil
Panel
Lawrence F. Terry (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Terry

The opinion of the Court was delivered by Mr. Justice Terry.

Mr. Justice Heydeneeedt concurred.

There was in this case an improper joinder of parties defendant.

The defendants, Catherine McG-arvey and Margaret McKeon are alleged to be sole traders under the Act of April, 1852. That Act provides that a married woman, taking advantage of its provisions, shall be the exclusive owner of all the money, debts, and property, invested in the business in which she is engaged, and shall be allowed all the privileges and be liable to all the legal processes now or hereafter provided by law against debtors and creditors, and that her husband shall not be responsible for any debts contracted by her.

The effect of the statute was to make such married woman a feme sole as to the particular business or profession in which she was engaged.

Judgment reversed and cause remanded.

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