Member of the Polk County Bar.
DES MOINES: IOWA PRINTING COMPANY. 1894.
This book has been prepared for the purpose of presenting to the women of Iowa, in a brief and concise form, those laws which pertain to subjects in which they are most deeply interested, and about which there is a strong and growing demand for certain and accurate information.
In this age of general intelligence, when learning in some degree is so readily attainable, the maxim, that "Ignorance of the law excuses no one," has a measure of justice in it, which could not be claimed for it in former times, and it is most certainly true that, "As the subjects of law, if not as its makers, all ought to know enough to avoid its penalties and reap its benefits."
Every woman should understand the law of her own state concerning marriage, divorce, the care and custody of children, and the mutual rights and duties of husband and wife incident to the marriage relation. She should know something of the law of minors and guardianship, of administration, and descent of property, and her knowledge should certainly embrace that class of crimes which necessarily includes her own sex, either as the injured party, or as particeps criminis.
In the arrangement of this work, a very brief synopsis of the common law upon these subjects is given, as the principles of the common law underlie our entire statute law, and a knowledge of the former is absolutely essential to render much of the latter intelligible. The statute law of the state has been given in the exact words of the statutes, with but few exceptions, and the explanations or notes following these have been gathered from decisions of our supreme court. The references are to sections of McClain's Annotated Code and Supplement.
The design of the work is not broad enough to give to the most careful reader that knowledge of the minutiae of the law necessary in the application of its principles to particular cases and under a special state of facts. It is in nowise adequate, even though its contents should be thoroughly mastered, to make every woman her own lawyer, in matters where she would otherwise require legal advice, but it is hoped that its statements are sufficiently plain and free from technical phraseology and legal terms, that even the casual reader may readily comprehend them, and be able to gain a general understanding of the law of our state upon these subjects.
J.L.W.
Des Moines, Iowa, May 1894.
SYNOPSIS OF COMMON LAW. Common law in force—Changes—Marriage—Dissolution of marriage—Power of husband—Disabilities of wife—Custody of children—Property rights—Descent of property—Discrimination in criminal matters—Right of appeal—Reason for subjection of women
MARRIAGE. Contract of marriage—Legal age—No express form necessary—Who may solemnize—When void
HUSBAND AND WIFE. Property rights of married women—Remedy by husband or wife against the other—Wife's torts—Conveyances to each other—Conveyances to third parties—Wages of wife—Contracts of wife—Family expenses—Removal from homestead—Conveyance of property when husband or