Owen v. Owen
Supreme Court of Iowa
Appeal from Howard District Court. Action by wire against husband : charge or court.— Action at law by wife against husband, during coverture, to recover the sum of $1,600, the value of certain 7-30 United States bonds.
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Appeal from Howard District Court. Action by wire against husband : charge or court.— Action at law by wife against husband, during coverture, to recover the sum of $1,600, the value of certain 7-30 United States bonds. In the petition it is alleged that these bonds were, by the defendant, given to the plaintiff “ out of love and affection and for and in consideration of plaintiff’s again living with defendant; ” that they were delivered to her; that she had them for the space of six months, and that the defendant afterward procured them from the plaintiff, and sold and converted them to his…
1Opinion of the CourtDillon, J.
In the exercise of our jurisdiction as an appellate tribunal, we are of opinion that it is our duty to reverse this judgment and remand the case for a new trial. After a careful review of the testimony, we are satisfied that, assuming, what the defendant seemed to concede, that such an action is maintainable, the verdict was not justified by the evidence.
1. Husband and wife: action by wife against husband. In none of the quite numerous cases which we have decided, relative to the rights and powers of married women, have we been called upon to determine whether an action at law would lie, dur-…
2Cited by26 opinions
- Southwest Cotton Co. v. RyanArizona Supreme Court · 1921
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- State v. BrainardSupreme Court of Iowa · 1868
- Johnson v. MillerSupreme Court of Iowa · 1884
- Ross v. RossSupreme Court of Iowa · 1908
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