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


Judge Simonton has filed his decision
in the casessrgued in the United States
circuit courtSaere OH Tuesday, the ques-
ton being whether a married woman
has the righti this State to engage in
trade. The case was that of Keuster &
Co. against E. B. and NJ. R. Dickson,
and the plaintiffs attempted to show
that married woman has no right to
engage in trade, and that 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 60 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 a married woman in South
Carolina engage in trade? The question
has never been made in this State. The
learned and able, as we'll as exhaustive,
arguments of counsel deserves careful
consideration. Until the adoption of
the constitution of 1868 the relations of
husband and wife were governed in
this State by the common law. Article
Il, Section S, of the constitution de-
clares: 1.-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
ated by her the same as ifshe 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 decla red 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 her separate estate.
"In 1870 the legislature gave to mar
ried women unlimited power to con-
tract, but in 1882 this was amended so
as to read: "A married woman shall
have the right to purchase any species
of property in her own name and to
take proper legal conveyances 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 Simonton 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 heT-
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
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 in trade she can
act through an agent, and in this case
E. B. Dickson is the agent of his wife.
A married woman, however, can not
become a member of firm.