Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-04-19

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cannot, without her consent, release
them. To the same case it is said That
she can maintain in her own name ah
action for slander of her character.
IF she alone is entitled to receive and
appropriate to her own use damages
recovered for slander to herself, she
should answer for her ISLANDERS Of
others. Until the law Of 1869. this
court adhered to the common law ruie,
that the husbasd was responsible for
the debts of the wife contracted before
marriage. 1t was epeatediy declared
that The liability rested not only on The
fact that the husband upon the mar
riage became the owner. of the. wifs's
personal property, wien reduced TO
possession, and of life estate ip her
realty, but upon the ground that De
vase entitled to the et tire proceeds Ct
hert ime and her labor, and tffat
Notwithstanding the law of 1851; He
was still entitled to her earnings $50
A MARRIED WOMAN MAY NOW BE
SUED ; ssy
at law, upon her contracts, as to her
separate property. She may now execute
valid lease of her separate estate with>
out joining her husband, and without
his consent. So diverse are The rights
and interest, the duties obligations, and
disabilities of husband and wife now.
from what they formerly were, thatais
would be most unreasonable to hold
him still liable for her toris, Committed
withouth his presence, and without his
consent and appreciation II he is not
bound to Fay her debts. why should he
be responsible for her torts? gsl aa
WHEN THE GROUND work Is GONE,
| ala# Ga ia
as to one, it is gone as to the other.s and
| the structure of the past must fail ho~
fore innovations of the present. She
is now, to very great extent, iRde-
pendent Of him, and Is clothed with
rights and powers ample for her own
10 /,
property is concerned, is responsible for
her debts and contracts with reference
TO it. They are not one, as heretofore.
They are one in name, and are bound
BY solemn contract, sanctioned by both
Divine and human law, to mutual
respect should be of the same houss-
hold, and one in love and affection.
But a line has been drawn between
them, distinct and Noticeable. except
by legislative power. His legal supre-
macy is gone, and. -
THE scEpTRE HAS DEPARTED FROM
s4 Na#sF@A
She, on the contrary, can have her
separate estae can contract Will
reference to IL, can sue and be sued ..t
law upon the contracts thus made;
can sue in her own name FOR injury
to her person and slander of her
character, and can enjoy the fruits
of her time and labor, free from the
control and interference of the nus
band. Ths~ehaiss- of-the~~past have
been broken by the progression of
the present, and she may now; enter
upon the stern conflicts of life untran-
meled. She no longer clings to and
depends upon man but has the legal
right and aspires TO battle with him in
the contest of the forum; outvie- him
in the healing art; to climb with him
the steps of fame, and to, share With
him in every occupation. Her brain,
and hands, and tongue are her, own, and
she should be responsible for slandeFs
uttered by herself. Our opinions 10 that
the necessary operatioa-ei-the statutes
is to discharge the husband fromyhis
liability for the torts Of tho wife during
coverture, which he, neither aided,
advised. nor countenanced.
The judgment is reversed and the
cause remanded. m exa a4,u.
Sheldon, j., files herewith a.dissent- q
ing opinion, in which Scots, j :, .concurs
also Breese, j. Chicago .Tr i5Mie,ow