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69 Conn. 470

Thresher v. Barry

Supreme Court of Connecticut

Decided July 13, 1897

Supreme Court of Connecticut · decided 1897-07-13

Action against husband and wife to recover for services rendered by an attorney at law, brought to the Court of Common Pleas in New London County and tried to the court, Noyes, J.; facts found and judgment rendered for the plaintiff as against the wife, and appeal by her for alleged errors in the rulings of the court. The husband filed no answer, and did not appear at the trial.

Cited by 1 later decisions — most recently July 1914

1 state decisions

Relies on Jennings v. Davis

Good law ✅— No negative treatment on recordhow we know

No error · Decided 1897-07-13

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Baldwin, J.

¶1It is immaterial whether the mortgage security given by the defendant was or was not valid in favor of the mortgagee. Her property was afterwards taken on attachment against her husband, and she had the right to make a contract for professional assistance in securing its release, and for this purpose to pledge her personal credit. One way of regaining its possession would be to contest the cause of action of the attaching creditor. If he had none, it might well be that a judgment against him could be obtained in the attachment suit with less of delay or expense than would be incident to a new action brought for a direct vindication of her rights. She preferred this method of redress, and it proved successful. It is found that she owned what, by her husband’s acts, had become in law her separate estate. Jennings v. Davis, 31 Conn. 134. Her contract with the plaintiff was therefore sufficient to authorize this action and support the judgment. General Statutes, §§ 984, 987.

¶2There is no error.

¶3In this opinion the other judges concurred.

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