Sessions v. Parker

The Court of Appeals certified the following question to the Supreme Court for decision: “Can a married woman who is living separate from her husband maintain an action for damages against a third person for the alienation of her husband’s affections and for the loss of her consortium?” It is declared in § 1703 of the Code of 1863, which was adopted by the legislature and has the force of a statute: “If a tort be *297committed upon the person or reputation of the wife, the husband may recover therefor; if, however, the wife is living separate from the husband, she may sue for such torts, and also…