Butterfield v. Butterfield

Plaintiff’s action is to recover damages resulting from an assault and battery- alleged to have been committed upon her by defendant. She recovered judgment in the trial court.

' It appears by the record that at the time of the as: sault and battery plaintiff was defendant’s wife. Under •the common law, the husband or wife was not liable in a civil action to the other for a personal tort. And our statutes including the Married Woman’s Act, has not changed the rule. In a recent opinion written by Judge Walker, the Supreme Court has fully discussed this question and we refer thereto in support…