Ryan v. Dockery
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. The appellant, Edward Ryan, filed a claim in the county court against the estate of his deceased wife, Eliza Ryan,, for care, support, and nursing of said wife from the time of their marriage, August 4, 1900, up to the time of her death, February 28, 1905. The complaint as filed in county court was substantially upon quantum meruit, and the claim was allowed in that court at the sum…
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. The appellant, Edward Ryan, filed a claim in the county court against the estate of his deceased wife, Eliza Ryan,, for care, support, and nursing of said wife from the time of their marriage, August 4, 1900, up to the time of her death, February 28, 1905. The complaint as filed in county court was substantially upon quantum meruit, and the claim was allowed in that court at the sum of $1,000. The administrator appealed, and in the circuit court an amendment to the complaint was allowed by which it…
1Opinion of the Court
Winsnow, O. J.
We think that the court was entirely right in changing the answer to the second question of the verdict; but, as a verdict for the defendant should have been directed upon the undisputed evidence, neither this question *434nor tbe other detail errors claimed by the plaintiff are important.
One consideration alone disposes of tbe plaintiff’s claim adversely to bim. Tbe law requires a husband to support, care for, and provide comforts for bis wife in sickness as well as in health. This requirement is grounded upon principles of public policy. Tbe husband cannot shirk it, even by…
2Cases cited1 opinion
- Post v. CampbellWisconsin Supreme Court · 1901
3Cited by18 opinions
- Belcher v. BelcherSupreme Court of Florida · 1972
- French v. McAnarneyMassachusetts Supreme Judicial Court · 1935
- In Re Marriage of HiggasonCalifornia Supreme Court · 1973
- Williams v. WilliamsArizona Supreme Court · 1926
- Norris v. NorrisSupreme Court of Iowa · 1970
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