Plotkin v. Plotkin

Richards, J.,

delivering the opinion of the Court:

The question raised by the plea in abatement and demurrer filed in this case is, whether a husband can sue his wife, or as it is generally expressed by text writers, whether one spouse can sue the other. There is no branch of the law which has undergone greater changes than that which deals with the mutual rights, duties, and liabilities of husband and wife. Under the early Roman law the marital power of the husband was absolute. The identity of the wife was so completely merged in that of the husband, that he not only became the possessor and…