Lowekamp v. Koechling

Robinson, J., delivered the opinion of the Court. Prior to the Act of 1872, chap. 270, no action would lie at law against a married woman upon any agreement or contract made by her; and a judgment in personam against her, (except for debts and liabilities incurred under the trader’s license Act of 1862), was without any binding force-^-it was in fact a nullity. Griffith vs. Clark, 18 Md., 457 . The Act of 1872, ch. 270, provides, however, that a married woman may be sued at law jointly with her husband, on any note, bill of exchange, single bill, bond, contract or agreement, which she may have jointly executed with her husband.

The liability of the wife to be sued, it will be observed, is confined to agreements or contracts jointly made with her husband — in other words, the cause of action, on which the suit is brought, must be a joint contract or agreement made with her husband. Unless such be the character of the cause of action, the wife cannot be sued at law, and if sued, she has no power to employ counsel and confess judgment, for the reason that no such power is conferred by the Act of 1872. Now the judgments in this case were not rendered on any “note,” “bill of exchange,” “single bill,” “bond,” “contract,” or “agreement,” jointly made