The times. [volume] (Richmond, Va.) 1890-1903, 1900-11-09
HEAD OF THE FAMILY,
United States Court of Appeals De
CT les Important G ,se.


"A married woman. rSs:dfng with ller
husband, according to the United States
Circuit Cour, of Appeals, which convened
here yesterday, may be the h ad Of the
family.
Judge Waddii was reversed and the
cause remanded to the District Court that
the claim for homestead exemption by the
bankrupt be allowed.
The case in question was that of Mrs.
Marian II. Richardson VS.. w. f. Wood
ward, trustee. Messrs. r. 7. Lacy and
John A. Lamb were counsel for Mrs.
senied the trustee.
Mrs. Richardson resides at Plum Point,
in New Kent county She conducted a
store and was postmaster Of the vii
lase. In 1898 Mrs. Richardson made an
assignment The goods conveyed did not
pay off the creditors and in January,
1899, Mrs. Richardson asked to be adj
under the Homestead Exepe> on Daw. "
This Judge Wuddill refsIaea to allow.
on the ground that a married woman
living with her husband is tnot the head
Of the house
Judge Purnell read lengthy opinion
reversing Judge Waddell. In closing h,
said:
NsGTlAllIy there are CS.1Slp0S WHICH
might tend to a different conclusion. but
the weight of authority Is 10 the effect
that where the wife is the owner OF the
property, where she trades as a Ieme sole.
and is the uebior. ana the hu band canno.
and does no; calm the homestead eN-
emption, the wife, though living with her
husband. may be alone, or Jointly with.
him. the head of the family. and as such
claim the homestead exemption Under the
circumstances of the case at bar, the petit
toner, a married woman living with her
husband is entitled to the homestead
exemption. and there was error il refEs-
ing to allow such claim
The decree of the District Court is re-
versed and the cause remanded that the
claim for homestead exemption by the
bankrupt be allowed"
Judges Golf, SimonJon and Purnell pre-
sided over the Court.
The cases in addition to the one cited
decided were the following:
No. 327. The steamship st. George.
appellant. rs. W.lmot d. Porcher. appel
lee Cross appeals from the District
Court OF South Carolina. at Charleston.
Opinion by Judge Paul Reversed and
remand d. with directions to dismiss libel.
No. :9l6. Boston and Albany Railroad
Company ct ais, appellants, VS.. Henry
a Parr. 1T ais. appellees. Appeal from
the Circuit Court OF Maryland. Opinion
by Judge Simonton. Affirmed
No. s4 ". II. HODGES and Z. B.
Mex chan. administrators of Samue! L.
Lush deceased. pla Min in error, VS. F. j.
Kimbaal and Henry Fink. receivers of the
Norfolk and Western Railroad COMPANY,
Defendant in 9 rror: in error to the Circuit
Court, Western District of Virg MIA, at
Abingdon, opinion by Judge Furnsli
Affirmed.
No. sso. Alexander McCollun. appel
liant, US. steamship Anaees. appellee.
Appeal from District Cour, for Eastern
District OF North Carol ma. at Whining
ton This cause was argued by Tedell
Meares, Of North Carolina. for appellant
and by HARRINGTON Putnam. OF. New York,
and G orse Rountree. Of Norsh Carolina,
for apoe''ees and continued until to-mor-
row morning.
The court will u,te!y remain in session
until TIE latter -art OF the month
Court has adjourned until tomorrow
morning at 10 o'clock.