Kerner v. McDonald
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Dickinson, J. This was an action of injunction brought by Barbara Kerner against John WT. McDonald, as sheriff, Henry Held and August Kerner, and was tried on the petition of Barbara Kerner, and answer and cross-petition of August Kerner, setting up the same facts as the petition, and general demurrers by each of the other defendants to each of said pleadings.
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Appeal from the district court of Douglas county. Heard below before Dickinson, J. This was an action of injunction brought by Barbara Kerner against John WT. McDonald, as sheriff, Henry Held and August Kerner, and was tried on the petition of Barbara Kerner, and answer and cross-petition of August Kerner, setting up the same facts as the petition, and general demurrers by each of the other defendants to each of said pleadings. The trial court, upon the hearing, sustained the demurrers and entered a decree for defendants McDonald and Held. Barbara and August Kerner separately appealed to this…
1Opinion of the CourtNor val, C. J.
This case involves the question of whether, in this state, the doctrine of entirety of estate is in force. This law grew out of the relation of husband and wife, as the same existed at common law, and it was a necessary corollary of that statute; for at common law, the moment a woman married, she ceased to exist as an entity, but simply became merged in her husband, and came wholly under his dominion. Of course, if at marriage she ceased to exist as an entity, she lost the ability to own anything, hence out of this legal fiction, of necessity, arose the doctrine, that if there be granted by…
2Cases cited2 opinions
- Hoffman v. StigersSupreme Court of Iowa · 1869
- Bader v. DyerSupreme Court of Iowa · 1898
3Cited by13 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
- Sanderson v. EversonNebraska Supreme Court · 1913
- State ex rel. Johnson v. Tautges, Rerat & WelchNebraska Supreme Court · 1945
- Helvie v. HooverSupreme Court of Oklahoma · 1902
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