Musselman v. Galligher
Supreme Court of Iowa
Appeal from Lucas District Court. The plaintiff sued James Galliglier and his wife, on three causes of action stated in separate divisions of the petition.
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Appeal from Lucas District Court. The plaintiff sued James Galliglier and his wife, on three causes of action stated in separate divisions of the petition. Among other defenses and cross-demands, pleaded by the defendants, they filed a second amended answer containing three counts, in the first of which they claim jointly against the plaintiff for a malicious prosecution of the wife; in the second, James alone claims damages for a malicious prosecution of his two minor children; and, in the third count, he claims for a malicious prosecution of himself. To the first count plaintiff demurred,…
1Opinion of the CourtMiller, J.
I. The first question presented in the record is, whether-the husband, James Galligher, was improperly joined with his wife in the cross-demand set up by them for malicious prosecution of the wife ?
At the common law, a married woman was incapable of binding herself by contract, or of acquiring to herself, and for her exclusive benefit, any right by contract (1 Pars, on Cont. 345); nor could she sue or be sued alone. Her husband was in all cases a necessary party with her. Rodemeyer v. Rodman, 5 Iowa, 426. But by our statutes the whole policy of the common law in respect to these disabilities…
2Cases cited5 opinions
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Emerson v. ClaytonIllinois Supreme Court · 1863
- Briggs v. BriggsNew York Supreme Court · 1855
- Rodemeyer v. RodmanSupreme Court of Iowa · 1858
- Branch of the State Bank v. MorrisSupreme Court of Iowa · 1862
3Cited by14 opinions
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- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
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- Gibson v. GibsonWisconsin Supreme Court · 1877
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