Brinkmann v. Brinkmann

HARLAN, J.—

The question raised by the plea in this case, to which a demurrer has been interposed, is whether a married woman can, under the Act of 1898, Chapter 457, maintain a suit at law against her husband.

In my opinion the Act does not give her this power, true it is that the Act is broad in its terms. Section 5 is in the following words:

“Married women shali have power to engage in any business and to contract, whether engaged in business or not, and to sue upon their contracts, and also to sue for the recovery, security or protection of the'ir property, and for torts committed against…