Miller v. Miller

1889

Court: Supreme Court of Iowa

Facts: Husband and wife made a contract not to scold one another about past issues; wife would be domestic servant, husband would pay fees. Husband spent money on other women, failed to pay.

Posture: Appeal from husbands demurrer at trial.

Issue: Should courts get into this kind of contract?

Holding: Ruling on this would invite strife that wastes the court's time. Also other lawsuits. Affirmed.

Rule: The law doesn't meddle in issues pertaining directly and exclusively to the home.

Reasoning: This would be fraught with irreparable mischief, and public policy is against it.

Dicta: