Scholtens v. Scholtens

"WiNBORNE, J.

In tbis State may a hiisband maintain an action against bis wife for a personal tort committed by ber against bim during cover-ture 1

Tbis question was adverted to in tbe case of Shirley v. Ayers and Shirley, 201 N.C. 51, 158 S.E. 840, but tbe Court expressly disavowed tbe necessity of deciding, and did not decide it. Tbat action was instituted by the husband against bis wife during coverture, but it was based upon a cause of action wbicb arose prior to tbeir marriage. He was permitted to maintain tbe action by virtue of tbe provisions of G.S'. 52-14 by wbicb tbe liability of a…