Martin v. Robson

Citations

• 65 Ill. 129

Syllabus

<p>1. Husband and wipe—husband’s liability for his wife's torts. Since the passage of the acts of 1861 and 1869, relating to the rights of married women, the husband is not liable for the torts of his wife committed during coverture, when he is not present, and in which he in no manner participated.</p> <p>3. Same—rights of husband as to her property. The effect of the present legislation is to change the common law rule, so that in this State the husband can not enjoy the rents and profits of his wife’s real estate without her permission; and he has no control over her separate personal property, except by her consent, and he can no longer interfere with her choses in action.</p> <p>3. Same—as to wife's earnings. Th'e product of her earnings is the exclusive property .of the wife. She alone can sue for and recover, and the husband can not release them. The right to her earnings also includes the right to appropriate her own time and labor in acquiring them.</p> <p>4. Same—duties and obligations. As the result of the marriage vow, and a part of the contract, the wife is still bound to love and cherish the husband, and to obey him in all reasonable demands, not inconsistent with the exercise of her legal rights; to treat him with respect, and regard him at least as her equal; and he is still bound to protect and maintain her, unless she should neglect wholly her marital duties, as imposed by the common law, or assume a position to prevent their performance, and thus deprive him of her society. These duties and obligations at common law were • not the result of the arrangement of their property, but of the contract of marriage and the relation thereby created.</p> <p>5. Same—husband's liability for necessaries. If the husband, without justifiable cause, turns away his wife, he is bound for contracts for necessaries suitable to her degree and estate. If they live together, and he will not supply her or the necessary means, she can pledge his credit for necessaries stri