Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-07-30
Husbands Responsibility for Wife's
Debts.

10 the Editor OF the Dispatch:
A is a married woman with one small
child. b is her husband and father Of
the child. A difficulty Of a private nature
in no wise concerning the pubic arising,
the husband leaves home. NO serious
misconduct is charged by either party,
and no legal proceedings are instituted.
Does the husband still continue liable
for debts contracted by his wife?
\. G. L.
While you do not state whether or not
the husband left with the wife's consent
we presume the case you have in mind
involves desertion. If the man did not
make an announcement that he would
no longer be responsible for his wife's
debts. and if he failed TO notify the pup
lie of his departure, &c, we believe That
he would undoubtedly be responsible for
necessaries purchased by the wife FOR
herself and child She might bind him on
the score of agency, and then, too, he
would be liable for her maintenance and
that OF his infant child. As you do not
state your case with the defnteness ne
cessary TO justify our giving a categori-
cal answer we quote from the English
and American Law Encyclopedia on this
subject:
"Conjugal Right of support-A hus-
hand is bound TO support his wife,
and a wife may be bound to support her
husband. and husband and wife may be
both bound to support their family
1.-THE Husbands LiabNity-By the COM
mon law. the husband is bound 10 sup
port his wife, even though he be an IN
FAINT. lie cannot charge her or her es-
tate with the expenses OF her support
The wife may enforce her risht 10 sup
port directly by a suit for maintenance
or for alimony with divorce, or hdliect-
lv nv hedging his credit TO others who
SUNNY her with necessaries. The nus
bands neglect Of this duty. if it results
i'm her death. is manslaughter, at least.
ana sometimes a husbands failure TO
support is punishable criminally by sta
int and by statute IL may be cause
for divorce This obligation cannot, how
ever he enforced If the wife has SUM-
cient means Of her own, or mas waived
or forfeited her rights. She may waive
her rights for valuable consideration, as
i'm q deed of separation. she torielts
them by leaving her husband against MS
will when he is not in fault, or by his
leaving her for her fault, but not by be-
coming insane The husbands obligation
10 support his wife is not destroyed by
married women's separate property acts.
except so far as through them she mas
means Of her own
The following bears more directly on
the subject
"suits for ecessaries-Inasmuch as
husband is bound to support his WE
unless she has forfeited or waived TINS
right. or has adequate means of her own
when he neglects to support her whether
they are living together or apart she may
pledee his credit for necessarles; ne Is
hound 10 reimburse any one supplying
her with such In such cases the nus
hands liability is due to\ the fact OF MS
marriage. and he cannot relieve himself
thereof by prohibiting his wlte rom
Hedging his credit or by general news
paper advertisement that he VIII not DC
| liable for her debts, or by special notice
10 the party who supplies her not TO give
her credit. a husband is not thus haple
by the fact Of his marriage, II the wire
| has sufficient means OF her own, or Is
provided for in any other manner.