Dodge v. Knowles - 114 U.S. 430 (1885)
U.S. Supreme Court
Dodge v. Knowles, 114 U.S. 430 (1885)
Dodge v. Knowles
Submitted January 9, 1885
Decided April 13, 1885
114 U.S. 430
Neither the liability for provisions supplied at a dwelling house where a husband and wife and their children are living together nor a promissory note given by the husband, describing himself as trustee for the wife, in payment for such supplies can be charged in equity upon the wife's separate estate without clear proof that she contracted the debt on her own behalf or intended to bind her separate estate for its payment.
When the decree below is for a sum which gives this Court jurisdiction on appeal, and the appellee makes no appearance here, but expressly declines to do so, after notice to him by order of court, it is too late to offer proof that the amount involved does not give jurisdiction.
An appeal bond is essential to the prosecution of a suit in this Court, if it is demanded, but not to the taking of the appeal in the court below.
When security on appeal is not furnished until after the term at which the appeal is taken, failure to cite the appellee does not deprive this Court of jurisdiction.
Bill in equity. The facts are stated in the opinion of the Court.