Bridgewater v. Bridgewater

While I agree with the general principle as announced by the Supreme Court in the case of Kramer v. Freeman, 198 La. 244, 3 So.2d 609 (1941) that there may be cases where a court would be justified, for reasons based upon the public policy, in refusing to permit a husband to sue his wife during the marriage, I cannot agree that the deciding factor should be the obtaining of a judgment of separation. The marriage is still in existence even after a judgment of separation. Further, if a cause for separation exists, Louisiana Revised Civil Code Art. 120 is not enforceable even before the…