Herrman v. Maley

Ethridge, J.,

delivered a dissenting opinion.

I dissent from the conclusion reached by the majority. I think the learned circuit judge was entirely correct in his ruling throughout the case. There was certainly no theory upon which a judgment as against Mrs. Maley could be sustained. The husband is still the head of the family and has full control and custody of the minor children so long’ as the husband and wife are living together ; he is still entitled to the household services of the wife, and the statutes fully emancipating women have not displaced the husband as the head of the household…