Decker

Decker v. Kedly

Good Law
148 F. 681·2 Alaska Fed. 634·79 C.C.A. 305·1906 U.S. App. LEXIS 4360
United States Court of Appeals for the Ninth CircuitOctober 1, 1906No. 1,298California300 words

Opinion

Lead Opinion

Gilbert, J.

after stating the case as above, delivered the opinion of the court.

This case may be disposed of in a few words. A woman sues a man for damages on the ground that the latter, during the time while he was her husband, wantonly refused to supply her with the necessaries of life. The allegations of the complaint leave it uncertain whether at the time of bringing the action the parties thereto had been divorced. It is not important to the decision of the question here involved whether there had or had not been a divorce. In either case the allegations of the complaint present no cause of action. It is true that the statutes of Alaska, as do those of many of the states, remove certain disabilities which at common law attend the wife during her coverture, and declare that neither the husband nor the wife shall have an interest in the property of the other, provide that should either obtain the possession of the property of the other the latter may maintain an action *636 therefor in the same manner and to the same extent as if they were unmarried, and make further provision that neither shall be liable for the other’s debts. Such statutes do not mean that the husband is answerable to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.