Is a common law rule that a wife may not sue the husband in tort enforceable?

California, United States of America


The following excerpt is from Foote v. Foote, 170 Cal.App.2d 435, 339 P.2d 188 (Cal. App. 1959):

'Counsel have ably argued their opposing contentions, respondent relying upon the common law rule that the wife may not sue the husband in tort, and appellant contending that the aforesaid rule is neither applicable nor the true state of the law in California as indicated by the several statutory changes to Code of Civil Procedure, section 370, made after the decision in Peters v. Peters, 1909, 156 Cal. 32, 103 P. 219, 23 L.R.A.,N.S., 699. However it is our view that the matter is governed by other principles.

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