Peters v. Peters
Supreme Court of Iowa
AppeaZ from Delawme District Court. The plaintiff alleges that she is the wife of the defendant, and in a petition of. eleven counts she claims damages of defendant for eleven distinct assaults and batteries at various times from August 15,1874, to July 26, 1875. The last count of the petition alleges that defendant has been convicted and fined in a criminal court for the last assault named, and that she has been forced to abandon defendant on account of his ill treatment,…
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AppeaZ from Delawme District Court. The plaintiff alleges that she is the wife of the defendant, and in a petition of. eleven counts she claims damages of defendant for eleven distinct assaults and batteries at various times from August 15,1874, to July 26, 1875. The last count of the petition alleges that defendant has been convicted and fined in a criminal court for the last assault named, and that she has been forced to abandon defendant on account of his ill treatment, and has not resided with him since the 26th day of Juty, 1875. The plaintiff prays judgment for one thousand dollars. The…
1Opinion of the CourtDay, J.
If this action can be maintained, it is because of the provisions of our statute.
Whilst it must be admitted that very radical changes have been made in the relation of husband and wife, still it seems to us that these changes do not yet reach the extent of allowing either husband or wife to sue the other for a personal injury committed during coverture.
The sections of the Code mainly relied upon by appellant *184for the accomplishment of the results which, it is claimed, have been effected, are 2204 and 2211.
Section 2211 is as follows: “A wife may receive the wages of her personal labor and…
2Cases cited2 opinions
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Musselman v. GalligherSupreme Court of Iowa · 1871
3Cited by41 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Maine v. James Maine & Sons Co.Supreme Court of Iowa · 1924
- Peters v. PetersCalifornia Supreme Court · 1909
- Keister's Administrator v. Keister's ExecutorsSupreme Court of Virginia · 1918
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