Edson v. Hayden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. This action was brought by Mary K Edson against the defendant as treasurer of a sobool district, for the amount alleged to be unpaid on a school order drawn upon defendant by the clerk of said school district to pay for her services in teaching the district school. One of the defenses was, that the plaintiff was a married woman, and not authorized to maintain the action.
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APPEAL from the Circuit Court for Columbia County. This action was brought by Mary K Edson against the defendant as treasurer of a sobool district, for the amount alleged to be unpaid on a school order drawn upon defendant by the clerk of said school district to pay for her services in teaching the district school. One of the defenses was, that the plaintiff was a married woman, and not authorized to maintain the action. The court having refused to receive any evidence in plaintiff's behalf, under the pleadings, to show the circumstances and character of the husband, the complaint was…
1Opinion of the CourtDowner, J.
Does the evidence bring this case within the provisions of sec. 4, eh. 95 of the E. S., which provides that “ any married woman whose husband, either from drunkenness, profligacy or any other cause, shall neglect or refuse to provide for her support or the support and education of her children,-shall have the right in her own name to transact business, and to receive and collect her own earnings, and the earnings of her own minor children,” and to apply the same, &c., free from the control of her husband? The husband is not proved to be lazy, indolent or vicious. The evidence shows that he is…
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