cular case. It has been held that jewelry is
included in the term necessaries and that attorney's fees in divorce
proceedings by the wife, can be recovered from the husband. If the wife
is compelled to leave her husband because of cruel and improper conduct
on his part, the husband is still presumed to have extended to her a
general credit for necessaries, such as meat, drink, clothes, medicine,
etc., suitable to his degree and circumstances.
[Sidenote: Contracts of wife.]
Contracts may be made by a wife and liabilities incurred, and the same
enforced by or against her to the same extent and in the same manner as
if she were unmarried [Sec.3404.] By this provision a wife is clothed with
the same rights enjoyed by her husband, and must, therefore, assume the
same liabilities. She has the same freedom to contract in reference to
her property, or other matters, and will be held to the same strict
accountability. The law will enforce her obligations with the same
impartiality, whether such obligations are express or implied. She may
contract with reference to all kinds of property, including real estate,
and may mortgage her property as security for the debt of another, in
precisely the same manner that her husband could do in similar cases.
[Sidenote: Family expenses.]
The expenses of the family and the education of the children are
chargeable upon the property of both husband and wife, or of either of
them, and in relation thereto they may be sued jointly or separately.
[Sec.3405.] Both husband and wife are personally responsible for family
expenses. The credit may be extended to the husband and the contract
made with him alone, and the wife will be liable though she may have no
knowledge of the purchase and has given no consent thereto. It is
sufficient to show that the articles were used, or kept for use in the
family, and a judgment may be rendered against the wife alone. But the
husband cannot subject the property of his wife to any liability for
articles for family use when it appears that such articles were not a
necessity, if the wife has objected to the purchase and notified the
seller that she will not pay for the same. "Expenses of the family," are
not limited to necessary expenses, but whatever is kept or used in the
family is included in the term. A piano, an organ, a watch and other
jewelry, a cook stove and fixtures, have all been held to come within
the term "family expense," for which the property o
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