ion of the wife to the husband, and the duty of the wife to make
her home with her husband."
[Sidenote: Witness.]
Neither husband nor wife was competent as a witness to testify either
for or against the other in civil or criminal cases.
[Sidenote: Husband entitled to society of wife.]
The husband was entitled to the society and services of his wife and he
might bring an action for damages against anyone who harbored her, or
persuaded or enticed her to leave him or live separate from him. If
injuries were wrongfully inflicted upon her, two actions might be
brought against the party responsible for the wrong, one by husband and
wife for the personal injury to the wife, and one by the husband for
loss of the wife's services. In either case, the amount recovered
belonged to the husband.
[Sidenote: Suits at law.]
The wife could neither sue or be sued unless her husband was joined with
her in the suit. A judgment recovered against her alone was void,
because she was unknown to the law apart from her husband. One entered
in her favor became the property of her husband.
[Sidenote: Wife as executor.]
The consent of the husband was necessary to enable a married woman to
act as executor, administrator, guardian or trustee.
[Sidenote: Duty of husband.]
[Sidenote: Liable for anti-nuptial contracts.]
[Sidenote: Torts of wife.]
The husband became responsible for the maintenance of the wife according
to her rank and station, and if he failed to make suitable provision for
her, tradesmen might furnish her with necessaries at her request and
could collect payment from the husband. He was liable for all of her
debts contracted before marriage, and this was the case, though he may
have received no property with her. He was responsible for certain
wrongs committed by her after marriage, such as libel and slander, and
judgment could be recovered against him. If a wrong were committed
jointly by both, action might be brought against the husband alone. When
a judgment was recovered upon contract, or because of the wrongful act
of the wife, if the husband failed to pay it, he might be imprisoned.
[Sidenote: Widow's quarantine.]
After the death of the husband the law gave the widow a right to remain
forty days in his house, during which time her dower might be assigned.
This right was known as the "widow's quarantine."
[Sidenote: Custody of children.]
The father was legally entitled to the custody of his child
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