Legal Opinion

Grant v. Green

Supreme Court of Iowa

Decided June 19, 1875PublishedCited by 17 opinions

Appeal from Henrj Circuit Cou/rt. The plaintiff filed in the Henry Circuit Court a petition, claiming of defendant, as the administrator of the estate of her deceased husband, Thomas Grant, the sum of fifteen hundred dollars, for caring for, protecting and managing her husband during an insanity, of sixteen months, under an appointment as special custodian, by the commissioners of insanity of Henry county.

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Appeal from Henrj Circuit Cou/rt. The plaintiff filed in the Henry Circuit Court a petition, claiming of defendant, as the administrator of the estate of her deceased husband, Thomas Grant, the sum of fifteen hundred dollars, for caring for, protecting and managing her husband during an insanity, of sixteen months, under an appointment as special custodian, by the commissioners of insanity of Henry county. The petition alleges that Jasper Grant was appointed by the Circuit Court the guardian of Thomas Grant, during his insanity, and that he entered into a written contract with plaintiff to…

1Opinion of the Court

Day, J. —

The principal question presented by the demurrer is, that the plaintiff, the wife of the decedent, stood in such legal relation to him that she cannot recover compensation for the service on account of which she claims. At common law it is conceded that the husband was entitled to the services of his wife, and that her personal earnings became his property in virtue of the marital relation. This rule still exists in this State, except in so far as it is modified by statute. It becomes important, therefore, to consider carefully the provisions of our law, which appellee claims have…

2Cited by17 opinions

  1. Coleman v. . BurrNew York Court of Appeals · 1883
  2. Henneger v. LomasIndiana Supreme Court · 1896
  3. Mewhirter v. HattenSupreme Court of Iowa · 1875
  4. Heacock v. HeacockSupreme Court of Iowa · 1899
  5. Hall v. Incorporated Town of MansonSupreme Court of Iowa · 1894

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