Rosengarten and Others v O'Brien [1912] ZATPD 115 (10 October 1912)

Husband and wife.Marriage in community.-Postnuptial
contract.-Subsequent registration.-Debt
contracted by husband during community.-Action
against husband after registration.-Garnishee proceedings - Wife's property -Intervention by wife.
-Sec. 31, Schedule B of Proclamation 21 of 1902.

Husband and wife were married in community of property but a postnuptial contract excluding marital
power and community of property was subsequently
registered with l.eave of the Court. Prior to such
registration the husband had signed a promissory
note in favour of a third person. After registration
the husband alone was sued on· the note and judgment given against him. In subsequent garnishee proceedings the wife applied for leave to intervene on
the ground that the money sought. to be attached
was due to her alone. Held, that the judgment
against the husband had no effect as against the wife
or her property, and that she was entitled to intervene
in t:he garrnishee proceedings in terms of sec. 31,
schedule B of Proclamation 21 of 1902.
Appeal from a decision of the resident magistrate