Bourestom v. Bourestom

The following opinion was filed April 11, 1939:

Fairchild, J.

Neither the plaintiff nor the defendant is domiciled in Wisconsin. It appears that the parties were and are living together as husband and wife in Duluth, Minnesota. The accident occurred in Oklahoma, while the parties with some friends were on an automobile trip. In Minnesota a wife cannot maintain an action in tort against her husband. Woltman v. Woltman (1922), 153 Minn. 217, 189 N. W. 1022. The rule is otherwise in Wisconsin. Wait v. Pierce (1926), 191 Wis. 202, 209 N. W. 475, 210 N. W. 822; Fontaine v. Fontaine (1931), 205 Wis.…