Reynolds v. Reynolds

DISSENTING OPINION OF

KEMP, J.

I am unable to agree to the holding that section 2951 R. L. 1915 does not relax the general rule that a feme covert cannot file a bill in equity against her husband without the interposition of a next friend.

The statute provides that “a married woman may sue and be sued in the same manner as if she were sole; but this section shall not be construed to authorize suits between husband and wife.”

The wife has authority to bring a suit against her husband for separate maintenance without statutory authority therefor (Dole v. Gear, 11 Haw. 554), but in the absence of…