Legal Status of Women in Iowa eBook

This eBook from the Gutenberg Project consists of approximately 80 pages of information about Legal Status of Women in Iowa.

Legal Status of Women in Iowa eBook

This eBook from the Gutenberg Project consists of approximately 80 pages of information about Legal Status of Women in Iowa.

She may bring actions for injuries to herself, whether of person, property or reputation in the same manner as if she were unmarried.  If she suffers personal injury by which the husband is deprived of her services or society he has a right of recovery for such loss and for expenses for medicine and medical treatment.  The wife cannot recover in such case, unless it appears that she has expended her own money in payment of such expenses.  If, at the time of the injury she is engaged in a separate business, and death results, the husband may still recover for loss of society and expenses, but an action for damages can be brought only by the administrator of her estate.  Although husband or wife may maintain an action against the other for the recovery of property, neither has a right of action for damages sustained by the infliction of personal injury, and this is true even though the one inflicting the injury has been criminally convicted and fined for the assault.

[Sidenote:  Property of one not liable for debts of the other.]

Neither husband or wife is liable for the debts or liabilities of the other incurred before marriage, and except as herein otherwise declared, they are not liable for the separate debts of each other; nor are the wages, earnings, or property of either, nor is the rent or income of such property liable for the separate debts of the other [Sec.3403.] The husband is liable for necessaries furnished the wife, upon an implied obligation to provide for her a reasonable support.  The term “necessaries,” is not confined to the supply of things actually demanded for her sustenance, such as food, clothing and medicine, but includes all that may be needful for her comfort and happiness according to her rank and station in society.  In determining the extent of the husband’s liability, it is always proper to consider the wife’s social position and the circumstances and condition of the family, and these will, of course, vary in each particular 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.

Copyrights
Project Gutenberg
Legal Status of Women in Iowa from Project Gutenberg. Public domain.