Before the enactment of the following statute, under the common law a married woman was not allowed to sue in her own name. Instead the lawsuit was brought in her husband’s name. Assume you
Before the enactment of the following statute, under the common law a married woman was not allowed to sue in her own name. Instead the lawsuit was brought in her husband’s name. Assume you have a client who wishes to sue her spouse for negligence. Read the statute. Do you think she will be able to sue her husband? Why?
Gen. Laws ch. 209, ? 6
A married woman may sue and be sued in the same manner as if she were sole; but this section shall not authorize suits between husband and wife.
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