Nebraska Revised Statute 42-203

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Chapter 42

42-203.

Married woman; capacity to carry on business; earnings.

Any married woman may carry on trade or business, and perform any labor or services on her sole and separate account; and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used and invested by her in her own name.

Source

  • Laws 1871, § 4, p. 68;
  • R.S.1913, § 1562;
  • C.S.1922, § 1511;
  • C.S.1929, § 42-203;
  • R.S.1943, § 42-203.

Annotations

  • 1. Earnings of wife

  • 2. Carrying on business

  • 3. Miscellaneous

  • 1. Earnings of wife

  • A married woman may recover for loss of earning capacity. Montgomery v. Miller, 83 Neb. 625, 120 N.W. 197 (1909).

  • A married woman may recover for loss of future earnings from labor through permanent injury, though not engaged in business now. Bliss v. Beck, 80 Neb. 290, 114 N.W. 162 (1907).

  • Earnings as seamstress do not belong to husband. Riley v. Lidtke, 49 Neb. 139, 68 N.W. 356 (1896).

  • The married woman's act does not deprive the husband of his right of action for loss of services of the wife. Omaha & R. V. Ry. v. Chollette, 41 Neb. 578, 59 N.W. 921 (1894).

  • 2. Carrying on business

  • Under former act, married woman was only partially emancipated from common-law disability to contract. Marmet v. Marmet, 160 Neb. 366, 70 N.W.2d 301 (1955).

  • A married woman may enter into a business partnership with another as part of her own trade or business, and when she does she becomes bound as partner and is liable for partnership debts whether contracted by herself or another member of the firm. Plattsmouth State Bank v. John Bauer & Co., 133 Neb. 35, 274 N.W. 204 (1937).

  • The word business is applicable to any particular employment, occupation, or profession, followed as a means of livelihood. Mergenthaler Linotype Co. v. McNamee, 125 Neb. 71, 249 N.W. 92 (1933).

  • Common-law disability of married woman to make contracts has been removed only in cases where the contract has reference to her separate property, trade or business, or was made with intent to bind her separate estate. Farm Mortgage & Loan Co. v. Beale, 113 Neb. 293, 202 N.W. 877 (1925).

  • Husband may act as agent in managing business. Harris v. Weir-Shugart Co., 51 Neb. 483, 70 N.W. 1118 (1897).

  • A married woman may carry on business and contract in own name. Shortel v. Young, 23 Neb. 408, 36 N.W. 572 (1888).

  • 3. Miscellaneous

  • Wife was not bound by husband's covenant not to acquire competitive business. Adams v. Adams, 156 Neb. 778, 58 N.W.2d 172 (1953).

  • Where the contract of a married woman does not expressly bind her separate estate for payment of a debt, the question of her intention must be determined as a fact from all evidence and surrounding circumstances. Federal Land Bank of Omaha v. Plumer, 139 Neb. 301, 297 N.W. 541 (1941).

  • Collective bargaining agreement between railroad and union that married women should not be employed does not violate this section, and is not against public policy. Brisbin v. E. L. Oliver Lodge No. 335, 134 Neb. 517, 279 N.W. 277 (1938).

  • Statute limiting right of married woman to contract, has no application to note executed in and governed by laws of another state. Farmers State Bank of Hayfield, Minn. v. Butler, 101 Neb. 635, 164 N.W. 562 (1917).

  • A married woman is eligible to hold office of county treasurer. State ex rel. Jordan v. Quible, 86 Neb. 417, 125 N.W. 619 (1910).