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liability by arguing that that was not her name; that there was no legal entity of Mary Jones, or whatever her name was, but that the legal entity was Mary Hones Smith, wife of John Smith. Several courts, because it was appealed, tore that to pieces on the theory that in ancient common law and by custom and courtesy a woman is entitled to assume the name of her husband when she marries. That is by custom and courtesy not by law. She's entitled to it as a courtesy. If she does assume that names, it is then her legal name. That has always been so, but they never had written it out before. That was so in Anglo-Saxon societies, but in Spanish societies husbands assume the wife's name, but the wife's or mother's family name comes last.

Actually the law is - Roman law, canon law, common law, and the generally recognized law - that a man is not required to go under any name. The name by which he is commonly known is his legal name. He can be sued under it. He can hold property under it. He must pay his just debts under it. If he assumes liabilities under the name of John Smith, then he must pay those liabilities under the name of John Smith. If he goes to another town and takes another name, commonly known as an alias, and there contracts debts, he must pay those debts under the name of