Jones v. Jones
Supreme Court of Iowa
Appeal from, Polk District Court. Replevin by tbe wife against tbe husband for a bureau, table and other articles of household furniture. It seems that the parties were married in 1854, and that this property, belonging to the wife before the marriage, was brought by her to the defendant’s house, and there used by them until their separation in 1862. She left her husband, as she alleges, for cause. This is denied, and upon this subject the testimony is somewhat conflicting.
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Appeal from, Polk District Court. Replevin by tbe wife against tbe husband for a bureau, table and other articles of household furniture. It seems that the parties were married in 1854, and that this property, belonging to the wife before the marriage, was brought by her to the defendant’s house, and there used by them until their separation in 1862. She left her husband, as she alleges, for cause. This is denied, and upon this subject the testimony is somewhat conflicting. After the separation, and after, as plaintiff claims, due demand, this action was brought. Plaintiff had three children…
1Opinion of the Court
Wright, Ch. J.
Three questions demand our attention : First. Can the wife maintain replevin against the husband during the continuance of the coverture? Second. If so, was this her property? Third. Was there a demand and refusal prior to the institution of this suit ?
These questions we shall consider in the inverse order of their statement.
1 new dta^against evidence. And first, as to the demand and refusal. Upon this subject the court instructed the jury to find specially, and su°k was in favor of plaintiff. The necessity of a demand and refusal is not eontroyerte(j appeliee) an(j the only…
2Cases cited8 opinions
- Sherman v. . ElderNew York Court of Appeals · 1862
- Scott v. ScottIndiana Supreme Court · 1859
- Wilkins v. MillerIndiana Supreme Court · 1857
- Darby v. . CallaghanNew York Court of Appeals · 1857
- Kramer v. CongerSupreme Court of Iowa · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Acuff v. SchmitSupreme Court of Iowa · 1956
- Graves v. GravesSupreme Court of Iowa · 1873
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Rule v. CareySupreme Court of Iowa · 1916
- Going v. OrnsSupreme Court of Kansas · 1871
13 more not listed; retrieve them via the Exa API.