91 Iowa 693 | Iowa | 1894
On the fourteenth day of April, 1888, the plaintiff married George L. Price, who is a son of the defendants. She alleges, that soon after the marriage, the defendants, by means of conversations and letters, communicated to her husband false, defamatory, and slanderous matter concerning her character and reputation, and made threats and promises to him for the express purpose and with the malicious intent to destroy the affection existing between them, and to excite ill-will and hatred on his part for her, for the purpose of causing him to abandon her; that the defendants offered him valuable property and large sums of money if he would abandon her, and threatened to disinherit him if he did not do so; that in consequence of the course pursued by the defendants, her husband became angry with and jealous of her, and cursed,
I. The judgment in this case was rendered in June, 1891, and the appeal was taken in the next September. At the October term, 1892, of this court, the appellee filed a motion to affirm the judgment of the district court on the ground that the appeal had been abandoned. That motion was supported and resisted by affidavits and a partial transcript of the record, and was submitted with the cause for our determination. It is claimed that when the motion was filed the appellants had neither filed nor served any abstract or argument; but, to excuse their failure'to comply with the rules in that respect, they show that negotiations for a settlement had been pending for some time, and that a stipulation of settlement had been signed by the parties to the action. A complete abstract has since been filed, with an argument for each party, and the cause is now ready for determination on the merits. The stipulation of settlement was not signed by all the parties interested in the judgment, and never became effectual to end the case. There is, now, no reason for disposing of it otherwise than on the merits, and the motion td affirm is overruled.
The tendency of legislation in this country is toward making husband and wife equal in law, giving to each the rights possessed by the other, and the legislation of this state is designed to accomplish that end, in most respects. Section 2211 of the Code- provides that “a wife may receive the wages of her personal labor and maintain an action therefor in her own name, and hold the same in her own right, and she may prosecute and defend all actions at law or in equity for the preservation and protection of her rights and property as if unmarried.” Section 2562 is as follows: “A married woman may in all cases sue and be sued without joining her husband with her, to the same
During the first part of the time they were in Keokuk, George was kind and affectionate to the plaintiff, and they lived happily together, He received letters from the defendants during that time, and finally received one which the plaintiff did not read. When that was received, George told the plaintiff he was going to leave her, as the defendants wished him to do. He left the next day, but before going she obtained from him, without his knowledge, and kept several letters he had received from the defendants. After an absence of a few days he returned, and demanded the letters. She refused to surrender them, and he used profane language to her, seized her, struck her, choked her, knocked her down, threatened to kill her if she did not produce the letters, and said he wished he had minded his father before and left her. He then left
VI. What we have said disposes of the controlling questions in the case. Others, including some based upon portions of the charge given, and the refusal of the court to give instructions asked, have been presented in argument, and carefully examined. We do not regard them as of sufficient importance to to be stated at length. It is sufficient to say that we do not find in them any reason for disturbing the judgment of the district court. It is therefore affirmed.