Carlton v. Carlton

Married women. Divorae. A woman who is divorced can maintain an action against lier former husband for personal services performed for him before their marriage.

On EXCEPTIONS from superior court, Kennebec. Assumpsit for personal services of plaintiff, performed prior to the marriage of the plaintiff with defendant. Action commenced subsequent to a divorce decreed upon libel of the wife. Verdict for plaintiff. The presiding judge instructed the jury, that "if any just claim existed in favor of this plaintiff prior to the date of this marriage, if she then had any right to maintain an action to recover for her services for which she has not been paid, at most the marriage only suspended the remedy or right of action. After the bands of matrimony were dissolved the disability arising from the marital relations necessarily ceased, the right which she had before marriage was revived, and this action can be maintained now, precisely as it might have been maintained before the marriage was contracted.” To this instruction the defendant excepted. cited: Webster v„. Webster, 58 Maine, 139 ; Blake v. Blake, 64 Maine, 177 : Tunics■' v. Grover, 57 Maine, 586. Marriage is a release at law of all contracts existing between husband and wife before marriage. Boatwight v. Wingate, Treadw. (S. C.) 521; Smiley v. Smiley, 18 Ohio St. 543 ; Abbott v. Winchester, 105 Mass. 115. Kevised Statutes, c. 61, § 3 only authorizes a married woman to maintain an action against a person other than her husband. Crowther v. Growther, 55 Maine, 358 ; see Abbott v. Abbott, 67 Maine, 306; Pittman v. Pittman, 4 Oreg. 298.