Wallach v. Wallach

At common law, a wife could not sue her husband. Blackstone’s Commentaries on the Laws of England, Vol. I, Book I, pp. 355, 359. “Under the common law, which is of force in this State unless changed by statute, husband and wife became by marriage one person, and the entire legal existence of the woman was completely merged or incorporated in that of the husband.” Foster v. Withrow, 201 Ga. 260 (39 S. E. 2d 466); Code § 53-501. The right of one spouse to sue the other is purely statutory, and in order to maintain an action, the right must be expressly granted or be granted by necessary…