Rodemeyer v. Rodman
Supreme Court of Iowa
Appeal from, the Cla/yton District Court. This action was brought upon a promissory note, made by Lydia and Francis Rodman. Francis Rodman made default. Lydia answered, setting up that before, and at the time of making the note in the plaintiff’s petition mentioned, she was, and still is, the wife of said Francis. To this answer, there was a demurrer, which was sustained ; and judgment being rendered for plaintiff, the defendant, Lydia Rodman, appeals.
1Opinion of the Court
"Wright, C. J.*
That at common law, a feme covert could not be sued, even for necessaries, is admitted. Her separate existence was not recognized, or by the coverture, it was merged in that of the husband. In equity, however, both as to her liabilities and her rights, her separate existence was abundantly acknowledged. In that court, her property, but not her person, could be made liable, through a suit instituted against herself and trustees. Murray v. Barlee, 4 Sim. 82; S. C. 3 Mylne & Keene, 209. How far she might, in equity, make a contract, which would bind her separate property, seems to…
2Cases cited2 opinions
- Kavanaugh v. BrownTexas Supreme Court · 1846
- Colvin v. CurrierNew York Supreme Court · 1856
3Cited by10 opinions
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Shields v. KeysSupreme Court of Iowa · 1868
- Musselman v. GalligherSupreme Court of Iowa · 1871
- McGlaughlin v. O'RourkeSupreme Court of Iowa · 1861
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