Kearney v. Fitzgerald
Supreme Court of Iowa
Appeal from Muscatine District Court. The plaintiff alleges that she is the wife of Michael Kearney, that the defendant sold said Michael intoxicating liquors, of which he drank, and whereby he became intoxicated; that because of such intoxication he spent his time in idleness, and failed to render plaintiff a support; that when so intoxicated he spent thirty-five dollars of the moneys of plaintiff, and destroyed her property, and injured her person.
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Appeal from Muscatine District Court. The plaintiff alleges that she is the wife of Michael Kearney, that the defendant sold said Michael intoxicating liquors, of which he drank, and whereby he became intoxicated; that because of such intoxication he spent his time in idleness, and failed to render plaintiff a support; that when so intoxicated he spent thirty-five dollars of the moneys of plaintiff, and destroyed her property, and injured her person. Plaintiff claims $8,000 damages. The defendant denies all the allegations of the petition, and alleges that the plaintiff purchased intoxicating…
1Opinion of the Court
Day J.
I. It is claimed tliat the verdict is contrary to law; that the fact of the marriage of plaintiff to Michael Kearney was in issue; that it is incumbent upon her to prove such marriage; that she failed to make such proof, and hence, under the law, cannot recover. The plaintiff testified positively that she was married to Michael Kearney by an army chaplain in 1861. Testimony was introduced that she had before been married to one Woods, who was still living, and that he procured a divorce from her in 1866. Whether in view of the cohabitation subsequently to the divorce, a marriage should…
2Cases cited1 opinion
- Woolheather v. RisleySupreme Court of Iowa · 1874
3Cited by20 opinions
- Haafke v. MitchellSupreme Court of Iowa · 1984
- Berge v. HarrisSupreme Court of Iowa · 1969
- Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
- Mayes v. ByersSupreme Court of Minnesota · 1943
- McCoy v. L. & N. R. R.Supreme Court of Alabama · 1905
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