The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-02-26
MARRIED WOMEN CAN DO BUSINESS.
Decision of Judge Simopton in the Dick
son Case, from Greenville.
lGreenYille News. I

Judge Simonton has filed bis decision
in the case argued in the United States
circuit court here on Tuesday, the ques-
| ton being whether a r,arried woman
has the rightin this State to engage in
| trade. The case was that of keuster &
Go. against Z. B. and NJ r. Dickson,
and the plaintiffs attempted to show
that married woman has 10 right to
engage in trade, aud that a receiver
should be appointed for the business of
the Dickson Shoe and Hat Company,
of this city; that after the payment of
creditors the balance should 90 to the
judgment which keuster & Co. had
obtained several years ago against E.
B. and NJ. r. Dickson, who did business
in Augusta.
Judge SimontCn dismisSes the rule to
show cause why receiver should not
be appointed and says:
Can married woman in South
Carolina engage in trade? The question
has never been made in this State. The
learned and able, as well as exhaustive,
arguments of counsel deserves careful
consideration. Until the adoption of
the constitution of 1865 the relations Of
husband and wife were governed in
this State by the common law. Article
II, Section S, of the constitution de-
clares: "The real and personal property
of a married woman held at the time of
her marriage, or that which she may
hereafter acquire, either by gift, grant,
ETC., shall not be subject to levy and
sale for her husbands debts, but shall
be held as her separate property and
may be bequeathed, devised or alien
aled by her the same as fshe were
unmarried: Provided, that no gift or
grant from the husband to the wife
shall be detrimental to the just claims
of his creditors
I'm 1887 the legislature of SouthCaro-
lima declare that all the earnings and
income Of a married woman shall be
the own separate estate and shall be
governed by the same provisions of law
as apply to heI separate estate.
"In 1870 the legislature gave to mar
ried women unlimited power to con-
tract, but in 1882 this was amended so
as 20 read: "A married woman shall
have the right to purchase any species
of property in her own name and to
take proper legal conveyanees therefor
and to contract and be contracted with
as to her separate property; provided,
that the husband shall not be liable
for the debts of the wife contracted
prior to or after their marriage except
for their necessary support"
Judge Sin1onton says that if mar
ried woman has power to buy she has
power to sell, and she can buy and sell
in such quantity as she chooses. She
cannot directly or indirectly make her
self or her separate estate liable for the
debts, contracts or engagements of her
husband or any one else. She may
constitute her husband or any one else
her agent in the transaction of busi-
ness.
Decisions are quoted from in which |
a married woman is given the right to
buy, sell, mortgage and bind herself
legally, and her contracts can be en-
forced against her. If she does not de-
sire to engage directly i'll trade she can
act through an agent, and in this case
E. B. Dickson is the agent Of bis wife. |
A married woman, however, can not
become member of a firm.