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STATE COLLEGE LIBRARY

UNITED STATES DEPARTMENT OF LABOR
MAURICE Ji TOBIN, Secretary

WOMEN’S BUREAU
FRIEDA S. MILLER, Director

+

The Legal Status of Women in the
United States of America
January 1.S9&TE COLLEGE LIBRARY
REPORT FOR

WISCONSIN
Individual State material, constituting part of a
compilation to show the present legal status of
women in the United States of America

ytNT o>.

/fSf%

Bulletin

of the

Women’s Bureau,

No.

157-48 (Revised)

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON i 1949

For Bale by the Superintendent of Documentj, U. S. Government Priming Office, Washington 25, D. C.
Price 5 cents

6<-




STATE COLLEGE LIBRARY

THE LEGAL STATUS OF WOMEN IN THE UNITED
STATES OF AMERICA
In response to continuing domestic and international needs, the
Women’s Bureau has prepared a revised edition of its 1938 report on
the legal status of women in the United States of America.
The revised report is based on an examination of the Constitutions,
official statutes, and significant decisions of courts of last resort of the
Federal Government and the several States, as well as pertinent law
texts of recognized authority.
This pamphlet presents a digest of the material compiled for a
single State, which has been incorporated in the complete report.
n




LETTER OF TRANSMITTAL
United States Department oe Labor,
Women’s Bureau,

Washington, September 12, Wifi.
Sir : I have the honor to transmit to you a revised report on the legal
status of women in Wisconsin. This is one of 54 separate reports con­
stituting a survey of the laws of the 48 States, the District of Columbia,
the territories of Alaska, Hawaii, and Puerto Rico, and the United
States possessions, the Canal Zone and Virgin Islands.
The original report for each jurisdiction represents a thorough
search of statutes and decisions of appellate courts construing its
statutes or establishing its judicial policy. Revision covers important
changes by legislative action.
The study was made by Sara L. Buchanan, Attorney, aided by Mary
L. Sullivan, Associate Economist, and Elizabeth Batson, Editorial
Assistant, all of the Bureau staff.
Respectfully submitted.
Frieda S. Miller, Director.
Hon. Maurice J. Tobin,
Secretary of Labor.
iii

856690—49







CONTENTS
A.—CIVIL RIGHTS
I.—CONTRACTS AND PROPERTY

1. Age of Majority.
2. Contractual Powers of Minors.
3. Property Exemptions from Seizure for Debt—Respective Rights
of Men and Women.
4. Property of Married Woman Owned at Marriage—Ownership
After Marriage.
5. Contractual Powers of Married Women.
6. Separate Earnings of Married Woman—Ownership and Control.
7. Liability of Married Woman for Family Necessaries.
8. Formal Procedure Required for a Married Woman to Engage in
a Separate Business.
9. Married Woman’s Separate Property—Control During Mar­
riage—Liability for Husband’s Debts.
10. Property Acquired After Marriage Through Cooperative Efforts
of Spouses—Ownership and Control.
11. Damages Recovered for Injury by Strangers to a Married Woman’s
Person, Property, or Character—Ownership and Control.
12. Action to Recover Damages for Willful or Negligent Injuries to
the Person or Property of One Spouse by the Other—Respective
Rights of Husband and Wife.
13. Competency of Spouses to Testify For or Against Each Other.
14. Disposition of Separate Property by Will—Extent of Married
Woman’s Right.
15. Estate of Deceased Husband or Wife—Share of Surviving Spouse.
16. Provision for the Surviving Spouse During Administration of the
Estate.
17. Disinheritance of Husband or Wife by Will of Deceased SpouseSurvivor’s Alternative.
II.—MARRIAGE AND DIVORCE

18. Age of Consent to Marriage—Men and Women.
19. Validity of Common-Law Marriage.
20. Health Certificate Requisites Prior to Issuance of Marriage
License—Men and Women.
21. Interstate Cooperation in Marriage Law Enforcement.
22. Grounds for Marriage Annulment—Respective Availability to
Man or Woman.
23. Grounds for Divorce—Respective Availability to Spouses.




VI

CONTENTS
III.—PARENTS AND CHILDREN

24. Services and Earnings of Minor Children—Parents’ Respective
Rights.
,
.
25. Guardianship of Minor Children—Parents’ Respective Rights.
26. Appointment of Testamentary Guardian for Minor Children—
Parents’ Respective Rights.
,
_
27. Inheritance from an Intestate Child—Parents’ Respective Rights.
28. Support of Children Born Out of Wedlock—Parents’ Respective
Responsibility.
.
29. Inheritance from Child Born Out of Wedlock—Mother’s Right.
B.—POLITICAL RIGHTS
30. Domicile of Married Women.
31. Public Office—Eligibility of Women.
32. Jury Service—Eligibility of Women.




THE LEGAL STATUS OF WOMEN IN THE
UNITED STATES OF AMERICA
INTRODUCTION
Any conclusion bearing on woman’s status under tbe laws of the
United States of America must take into account the common law, on
which the fabric of the Nation’s jurisprudence is woven.
The common-law rules of property sprang from various causes,
notably tradition, military or economic exigency, natural male domi­
nance, and the social status of women. Shifts in these have effected an
almost complete overturn in laws governing the property owned by a
woman prior to her marriage and that coming into her individual
ownership after her marriage, by gift, inheritance, will, or accumula­
tion from her premarital possessions.
In general, it has been the rule that where specific statutes abrogating
common-law principles have not been enacted, the common law applies.
In the century just past, many of the old common-law injustices to
women have been removed by statute. The largest remaining area to
be reformed to the present-day trend lies in the matter of ownership
and control of property acquired by the cooperative efforts of husband
and wife after marriage.
The material considered centers largely around the woman in the
marriage relation, since the legal status of the unmarried woman is
practically identical with that of the unmarried man, with the ex­
ception of the discrimination in some States which bars women from
jury duty; or of distinctions, such as variance between men and women
in the statutory age of majority or age of consent to marriage.




1

WISCONSIN
SOURCES

Constitution of Wisconsin.
Wisconsin Statutes, 1947.
Wisconsin Reports.
Northwestern Reporter.
EXPLANATORY NOTE

References to the State Constitution are indicated by parenthetical
insertions of article and section numbers following the abbreviation
Const., as (Const., art. 1, sec. 17), placed after the related subject
matter.
References to the statutes are likewise in parentheses, thus (sec.
319.03).
Case citations, definitely construing statutes or declaring judicial
policy in the absence of express statutory provision, are indicated by
numerical footnote references, and appear immediately after the re­
lated paragraphs. Cases showing historical development of a statute
or policy are followed by the abbreviation (Hist.).
Subject headings are preceded by numbers, which remain constant
for their respective topics through the entire State series. Cross
references among topics employ these numbers for brevity, as “See
Number 6,” which refers to the subject heading “Separate Earnings of
Married Woman—Ownership and Control.”

2




WISCONSIN
A.—CIVIL RIGHTS
I.—CONTRACTS AND PROPERTY

1. Age of Majority.
All persons under the age of 21 years are minors (sec. 319.01).
2. Contractual Powers of Minors.
Contracts made by minors are voidable, unless for personal
necessaries.1 The fact of marriage does not enlarge a female minor’s
capacity to contract.2 A married woman of the age of 18 and upward,
of sound mind, may dispose of her own lands and personal property
by will (secs. 238.01,238.05).
A woman under 21 years of age may assent to the barring of
her dower rights in all the lands of her husband, by a jointure as
defined by statute, settled on her before the marriage, such assent being
given by her joining with her father or guardian in the conveyance
(secs. 233.09, 233.10).
* Schoenung v. Gullet (1931), 206 Wls. 52 ; 238 N. W. 852.
2 Wallace v. Newdale Furniture Go. (1925), 188 Wis. 205 ; 205 N.W. 819.

3. Property Exemptions from Seizure for Debt—Respective Rights
of Men and Women.
The very liberal provisions for the exemption from seizure for
debts of certain personal property owned by debtors, and of the
homestead occupied by the owner, appear to apply to both sexes
(Const., art. 1, sec. 17; secs. 272.18,272.20).
The statute expressly provides that if the husband neglects or fails
to claim his exempt property, the wife, if living with him, may select
it before sale, and in her own name maintain action for recovery of
it if it has been taken away, provided the exemption claim has been
made (sec. 272.18, subsec. 23).
The homestead exemption provided by statute is to “any resident
of this State” owning and occupying the premises included in such
exemption (sec. 272.20, subsec. 1). The privilege is not restricted
to married owners.1 See Number 5 as to application of section 6.015.
See also Number 5 as to exempt insurance.
1 Estate of Fish (1934), 214 Wls. 464, 466 ; 253 N. W. 387.

4. Property of Married Woman Owned at Marriage—Ownership
After Marriage.
The real and personal property of a woman which she owns at the
time of her marriage, as well as any rents, issues, and profits from it,
continues to be her separate property, not subject to the disposal of
her husband (sec. 246.02).




3

4

THE LEGAL STATUS OF WOMEN

5. Contractual Powers of Married Women.
Women have the same freedom of contract and the same rights in
holding property as men (secs. 6.015, 246.01, 246.03). The provisions
of section 6.015 apply to married as well as unmarried women, and
remove entirely the disabilities previously imposed upon married
women. They are to be so construed and applied by the courts as to
confer upon women, including married women, all the rights and
privileges under the law now enjoyed by men. The disabilities which
occasioned resort to equity courts for relief no longer exist, and the
liabilities of a married woman, contractual or otherwise, may be
enforced as similar liabilities may be enforced against men. She is
therefore liable in an action at law, including action on her contract
as surety for another.1
A married woman may enter into a contract of partnership with her
husband, and in so doing subject her property to the liabilities of the
partnership business.2
A transfer or assignment of real or personal property between hus­
band and wife creates a joint tenancy if the conveyance shows this was
the purpose of the grantor (sec. 230.45).
In 1932, the court held that because of the so-called Equal Eights Act
[sec. 6.015] a widow’s creditors might attach the proceeds of her hus­
band’s insurance payable to her, despite attempted statutory exemp­
tion to her of such funds.3 But in 1933 the former exempting statute
was amended to exempt from claims by her creditors insurance funds
payable to a married woman to the extent of $5,000 (sec. 246.09).
In the administration of her intestate husband’s estate, the widow,
if suitable and competent, is entitled first to appointment as adminis­
tratrix, or she may request appointment of such person as she desires
(sec. 311.02).
1 First Wisconsin National Bank V. Jahn (1922), 179 Wis. 117; 190 N. W. 822.
(Hist.)
2 Sparks v. Kuss (1927), 195 Wis. 378, 396 ; 216 N. W. 929, 934.
3First Wisconsin National Bank r. Strelitz (1932), 209 Wis. 335, 340; 245
N. W. 74.

6. Separate Earnings of Married Woman—Ownership and Control.
The individual earnings of every married woman, except those ac­
cruing from labor performed for her husband, or in his employ or
payable by him, are her separate property and are not subject to her
husband’s control or liable for his debts (sec. 246.05).
When her husband has deserted her, or from drunkenness, profli­
gacy, or any cause neglects or refuses to provide for her support or the
support and education of her children, a married woman has the right
to transact business in her own name and to collect and receive the
profits of such business, her own earnings and the earnings of her
minor children in her charge or under her control, and apply such
earnings for her own support and the support and education of such
children. Such business and earnings are not subject to her husband’s
control or interference, nor liable for his debts (sec. 246.06).
She may sue in her own name, and has all the remedies of a single
woman in recovering the earnings set apart as her separate property by
the preceding statutes (sec. 246.07).




WISCONSIN

5

7. Liability of Married Woman for Family Necessaries.
Tlie father, mother, husband, wife and children of any dependent
person who is unable to maintain himself, is liable for his maintenance,
as prescribed by law (sec. 49.07).
8. Formal Procedure Required for a Married Woman to Engage
in a Separate Business.
No formal procedure is required. But note section 246.06 under
Number 6.
9. Married Woman’s Separate Property—Control During Mar­
riage—Liability for Husband’s Debts.
All real and personal property that a married woman owns at the
time of marriage, and that acquired by her after marriage, remains
her separate property, free from the disposal of her husband and from
liability for his debts (secs. 246.01, 246.03, 246.05). See Number 6.
10. Property Acquired After Marriage Through Cooperative
Efforts of Spouses—Ownership and Control.
Wisconsin does not have community property law. The real and
ersonal property, including money in the bank, accumulated from the
usband’s earnings and the income from a farming enterprise con­
ducted on the land principally by the wife and children, were held
to have been derived from the husband and a part of his estate for
final division between the spouses in a divorce action, even though the
title to part of the property is in the name of the wife.1

E

1 Cevene v. Cevene (1910), 143 Wis. 393 ; 127 N. W. 942.

11. Damages Recovered for Injury by Strangers to a Married
Woman’s Person, Property, or Character—Ownership and
Control.
Every married woman may sue in her own name and has all the
remedies of an unmarried woman in regard to her separate property
or business and to recover the earnings secured to her by statute, ac­
cruing from labor performed for others than her husband or in his
employ or payable by him. She is liable to be sued in respect to her
separate property or business, and judgment may be enforced against
her and her separate property in all respects as if she were unmarried.
Any married woman may sue in her own name for any injury to her
person or character as if she were single.1 She may sue in her own
name, for her own benefit, for the alienation and loss of the affection
and society of her husband. Any judgment recovered in such an
action is her separate property (sec. 246.07). See Number 9 as to
control of such property.
See Number 6 for statutory limitations as to separate earnings and
business.
* Singer

v. Singer (1944). 245 Wis. 101; 14 N. W. (2d) 43.




6

THE LEGAL STATUS OF WOMEN

12. Action to Recover Damages for Willful or Negligent Injuries
to the Person or Property of One Spouse by the Other—
Respective Rights of Husband and Wife.
A wife may bring an action against her husband for injuries to her
person or character as if she were unmarried.12
A husband may recover damages from his wife for personal injuries
to him caused by her wrongful act, neglect, or default (sec. 246.075).
1 Wait v. Pierce (1926), 191 Wis. 202, 217, 232 ; 209 N. W. 475.
3 Fontaine V. Fontaine (1931), 205 Wis. 570, 577 ; 238 N. W. 410.

13. Competency of Spouses to Testify For or Against Each Other.
A husband or wife may be a competent witness for or against the
other in all cases, except that neither one without the consent of the
other, during marriage, nor afterwards, may disclose a private com­
munication made during marriage by one to the other, unless the case
involved includes both as parties, or the communication concerns a
charge of personal violence by one upon the other, or it concerns an
act of agency by one for the other (sec. 325.18).
14. Disposition of Separate Property by Will—Extent of Married
Woman’s Right.
Every person of full age, and every married woman 18 years of
age or over, may dispose of both real and personal property by will
(secs. 238.01, 238.05).
J J
15. Estate of Deceased Husband or Wife—Share of Surviving
Spouse.
The husband of every wife dying after September 1, 1947, has the
right of curtesy, that is, one-third of all lands which she owned at
her death, subject to inheritance by her heirs, and not disposed of by
her will. But a homestead owned by the wife is subject to the curtesy
right only as to its proceeds if sold while the husband has homestead
rights in it (sec. 233.23).
A surviving wife has the right of dower, defined as a one-third
part of all the lands owned by her husband at any time during their
marriage, unless she has released such right.
The homestead owned by husband or wife at the time of his or her
death is not subject to the dower or curtesy, but descends, clear of
debts other than those of record against it, to the widow or widower
if no children survive, or to the widow or widower until death or re­
marriage, if children survive. Should the homestead be sold, the
surviving spouse has dower or curtesy right in its proceeds (secs.
233.01,237.02).
v
If there is neither will nor lawful issue, the surviving spouse takes
all of the real estate (sec. 237.01).
Personal property remaining after award to the widow and minor
children, or either, for maintenance during the administration of the
estate and an allowance of personal effects up to $200 in value, is dis­
tributed as provided for real estate; that is, if no issue of the marriage
survive, the living spouse receives the entire remainder. If lawful
issue survive, the widow or widower takes one-third of the residue




WISCONSIN

7

unless there is only one child, in which event she or he takes one-half
(secs. 313.15, 318.01).
Estates by the entirety no longer exist in the State, either in real
or personal property.12 '
1 In re Will of Ray (1925), 188 Wls. 180 ; 205 N. W. 917.
2 Aaby v. Citizens National Bank (1928), 197 Wls. 56, 58; 221 N. W. 417.

16. Provision for the Surviving Spouse During Administration of
the Estate.
The widow is allowed all articles of wearing apparel, unless they
have been disposed of by will, as well as household furniture, all pro­
visions and fuel on hand for family use, and other personal property
to the value of $200, to be selected by her. This allowance is made
whether or not the widow accepts or rejects the provisions made for
her by the will of the husband, or when no provision is made for her,
or he dies without a will.
Also, a family maintenance allowance to the widow is provided for,
to extend over the period of administration in such sum as the county
court finds proper.
Furthermore, if any personal property remains after payment of
the husband's funeral expenses and the estate’s administration ex­
penses, together with the allowance described in the foregoing para­
graphs, the court may set aside out of such remainder a sum or value
not exceeding $1,000 for the use and support of the widow and minor
children (sec. 313.15). See Number 15 as to homestead right of sur­
viving spouse.
17. Disinheritance of Husband or Wife by Will of Deceased
Spouse—Survivor’s Alternative.
The widow has the right of election between the provisions for her
in her husband’s will as to his lands, and her statutory dower and
homestead right, together with the share of personal property dis­
tributable if he has died without a will (secs. 233.13, 233.14)/ The
husband of a deceased wife has no such election (sec. 233.23).
II.—MARRIAGE AND DIVORCE

18. Age of Consent to Marriage—Men and Women.
Men at 21 and women at 18 years of age may marry without parental
consent. Between the ages of 18 and 21 years for men, and 15 and 18
for women, marriage may be contracted upon consent of the parents,
or of the parent having actual care of the minor, or of the guardian
having such care; or, where there is neither parent nor guardian, the
judge of the probate court may allow marriage upon good cause, after
proper hearing. The age of consent to marriage is 18 for males and
15 for females (secs. 245.02, 245.16). If either party is under the
marriageable age of consent, no license may be issued (sec. 245.16).
19. Validity of Common-Law Marriage.
A valid marriage may be contracted only upon issuance of a license
and solemnization as required by law (sec. 245.12). The attorney
general has held that this statute abolishes common-law marriages




8

THE LEGAL STATUS OF WOMEN

(7 Opinions of Attorney General 525). However, marriages in viola­
tion of the statute may be validated by compliance with the require­
ments of the marriage laws (sec. 245.32).
20. Health Certificate Requisites Prior to Issuance of Marriage
License—Men and Women.
Each male person applying for a marriage license is required to be
examined for any venereal disease within 15 days prior to application
for the license. No license may be issued if he fails to file a certificate
from a licensed physician to the effect that he is free from venereal
disease as nearly as can be determined by thorough examination and by
clinical and laboratory tests when necessary.
In addition to this requirement, both parties to a proposed marriage
must, within 15 days prior to application for a license to marry, take
the Wassermann or other standard blood test for syphil is. If the test is
negative, the physician’s certificate to that effect must be filed with the
application (sec. 245.10).
No person who has ever been afflicted with gonorrhea or syphilis
may be granted a marriage license until he or she shall furnish the
license clerk a prescribed certificate, evidencing standard examinations
and tests by which his or her freedom from either disease in the in­
fective or communicable stage is established.
Violation of any of these provisions is punishable on conviction by
fine or imprisonment or both (sec. 245.11).
Application for license must be made at least 5 days before the
license is issued, as a general rule (sec. 245.14).
21. Interstate Cooperation in Marriage Law Enforcement.
Marriages in other States or countries to evade Wisconsin laws, or
marriages within the State to evade the laws of other jurisdictions, are
null and void for all purposes in the State (sec. 245.04).
22. Grounds for Marriage Annulment—Respective Availability to
Man or Woman.
Incurable physical impotency, prohibited degrees of kinship, biga­
mous marriage, contract obtained by fraud, force, or coercion, mental
incompetence, or non-age may be a ground for annulment, if existing
at the time of marriage (sec. 247.02).
The marriage of any person before the expiration of 1 year from the
granting of an absolute divorce to such person within the State, is un­
lawful and void (sec. 245.03).
In the decree granting annulment of a marriage, the court may
restore to either party property transferred by one of them to the other
during the supposed marriage (sec. 247.34).
23. Grounds for Divorce—Respective Availability to Spouses.
The court may grant an absolute divorce for any one of the following
causes: Adultery; impotency; sentence to imprisonment subsequent to
marriage for a period of 3 years or more; willful desertion for 1 year;
cruel and inhuman treatment, or if the wife is given to intoxication;
habitual drunkenness for 1 year; voluntarily living apart for 5 years
or more (sec. 247.07).



WISCONSIN

9

A divorce from bed and board forever or for a limited time may be
granted on any of these grounds: Willful desertion for 1 year; cruel
and inhuman treatment, or if the wife is given to intoxication; habitual
drunkenness; extreme cruelty; the husband’s refusal or neglect to pro­
vide for the wife, even though sufficiently able to do so; or for such
conduct on his part toward her as may render it unsafe and improper
for her to live with him.
In the court’s discretion, an absolute divorce may be decreed on the
last three enumerated causes in the preceding paragraph (secs. 247.08,
247.09).
III.—PARENTS AND CHILDREN

24. iServices and Earnings of Minor Children—Parents’ Respec­
tive Rights.
If living together, the father and mother are entitled to the custody
of their minor child and to the care of his education (sec. 819.03). The
Child Protection Act provides that if “a parent” of a minor neglects
or refuses to provide for his support, or support and education, by
reason of abandonment, drunkenness, or profligacy, such parent is not
entitled to the child’s earnings (sec. 48.34). The Equal Rights Act
(sec. 6.015) gives women the same rights as men in regard to the care
and custody of children, and “in all other respects.” These acts seem
to contemplate an equal right in each parent to the child’s earnings.
However, no such express construction of the statute has been found.
25. Guardianship of Minor Children—Parents’ Respective Rights.
The court may in every case appoint separate guardians of the person
and of the property of a ward. The guardian of the person has the
custody of the ward and the care of his education. The guardian of the
property has the care and management of it (sec. 319.01).
The father and mother of a minor child, if living together, are en­
titled to his custody and the care of his education. If the parents are
living apart, either parent may have the custody, as the court may de­
termine for the best interests of the child (sec. 319.03). Women have
the same rights as men in regard to the care and custody of children
(sec. 6.015). There is no prohibition against the appointment of the
mother as guardian of the property.
26. Appointment of Testamentary Guardian for Minor Children—
Parents’ Respective Rights.
The surviving parent of every legitimate minor child, and the mother
of every illegitimate minor child, has the right to the custody of the
child and the controlling right to appoint a testamentary guardian
(secs. 319.03, 319.04).
27. Inheritance from an Intestate Child—Parents’ Respective
Rights.
When a person dies intestate leaving no lawful issue, widow, or
widower, the parents of the decedent inherit his or her estate; or if
one is dead the surviving parent takes it all (sec. 237.01).




10

THE LEGAL STATUS OF WOMEN

28. Support of Children Born Out of Wedlock—Parents’ Respec­
tive Responsibility.
When the paternity of the child is established, the adjudged father
is then charged by court decree with payment of all expenses incident
to the care of the mother for 6 months prior to the birth of the child
as well as medical attention at its birth, also the future support of the
child until it is 18 years old. Bond to secure payment is required (secs.
166.11; 166.13).
Penalties may be imposed on either parent for failure to support
their child born out of wedlock, until the child is 18 years of age (sec.
351.30).
29. Inheritance from Child Born Out of Wedlock—Mother’s Right.
When a person born out of wedlock dies intestate, without lawful
issue, his estate goes to his mother; or if she be dead, then to her heirs
at law (sec. 237.05).
B.—POLITICAL RIGHTS
30. Domicile of Married Women.
Women have the' same rights and privileges under the law as men
in the choice of residence for voting purposes (sec. 6.015).
There is no general statute establishing the status of married women
in respect to domicile for other purposes. It is assumed that the
common-law rule governs; that is, the domicile of the wife follows the
domicile of the husband. This rule is embodied in the statute which
designates the “legal settlement” of a married woman as that of her
husband if he has any within the State, for purposes of benefit
under the Public Assistance Act (sec. 49.10).
31. Public Office—Eligibility of Women.
“Women shall have the same rights and privileges under the law
as men * * * in holding office * * * and in all other
respects” (sec. 6.015).
Statutes relating to the appointive offices of court commissioner and
election officer do not specify sex (secs. 61.08, 61.13) and another act
expressly provides that “no person shall be denied admission or license
to practice as an attorney in any court on account of sex” (sec. 256.28).
32. Jury Service—Eligibility of Women.
Women are eligible for jury service. However, any woman drawn
to serve as a juror may be excused upon her request to the presiding
judge or magistrate before the commencement of the trial (sec. 6.015).
Special Topic.
Imrmmity from Civil Arrest.—No female shall be arrested in any
action except for a willful injury to person, character, or property
(sec. 264.02).




o