Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
The husband had the legal right to establish his home or domicile in any
part of the world where "his interests, his tastes, his convenience, or
possibly, his caprice might suggest," and it was the wife's duty to
follow him. If she refused to accompany him, no matter upon what ground
she based her refusal, she was guilty of desertion. A promise by the
husband before marriage as to the establishment of the place of
residence of the family, created a moral obligation only and was a mere
nullity in law. Whenever there was a difference of opinion between
husband and wife in regard to the location of the common home, the will
of the wife had to yield to that of the husband. This law of domicile
was based upon the grounds of the "identity of the husband and wife, the
subjection of the wife to the husband, and the duty of the wife to make
her home with her husband."
[Sidenote: Witness.]
Neither husband nor wife was competent as a witness to testify either
for or against the other in civil or criminal cases.
[Sidenote: Husband entitled to society of wife.]
The husband was entitled to the society and services of his wife and he
might bring an action for damages against anyone who harbored her, or
persuaded or enticed her to leave him or live separate from him. If
injuries were wrongfully inflicted upon her, two actions might be
brought against the party responsible for the wrong, one by husband and
wife for the personal injury to the wife, and one by the husband for
loss of the wife's services. In either case, the amount recovered
belonged to the husband.
[Sidenote: Suits at law.]
The wife could neither sue or be sued unless her husband was joined with
her in the suit. A judgment recovered against her alone was void,
because she was unknown to the law apart from her husband. One entered
in her favor became the property of her husband.
[Sidenote: Wife as executor.]
The consent of the husband was necessary to enable a married woman to
act as executor, administrator, guardian or trustee.
[Sidenote: Duty of husband.]
[Sidenote: Liable for anti-nuptial contracts.]
[Sidenote: Torts of wife.]
The husband became responsible for the maintenance of the wife according
to her rank and station, and if he failed to make suitable provision for
her, tradesmen might furnish her with necessaries at her request and
could collect payment from the husband. He was liable for all of her
debts contracted before marriage, and this was the case, though he may
have received no property with her. He was responsible for certain
wrongs committed by her after marriage, such as libel and slander, and
judgment could be recovered against him. If a wrong were committed
jointly by both, action might be brought against the husband alone. When
a judgment was recovered upon contract, or because of the wrongful act
of the wife, if the husband failed to pay it, he might be imprisoned.
[Sidenote: Widow's quarantine.]
Public-domain text, read in full here on John Shaqi.
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