Schultz v. Christopher

Citations

• 65 Wash. 496
• 38 L.R.A.N.S. 780
• 118 P. 629
• 1911 Wash. LEXIS 959

Syllabus

<p>'Husband and Wipe — Disabilities op Wife — Right op Action— Torts op Husband — During Coverture. Rem. & Bal. Code, § 5926, abolishing all laws which impose any disability upon a wife which 1 are not imposed upon a husband, and providing that she shall have the same right that the husband has to appeal to the courts in her individual name for any unjust usurpation of her natural or property rights, does not authorize the wife to sue the husband for a tort committed upon her person during coverture; since at common law the husband has no such right of action against the wife.</p> <p>Divorce — Property Rights — Effect of Decree — Bar — Subsequent Action for Tort. A decree of divorce distributing the property will be presumed to settle tbe rights of the parties, and precludes the maintenance by the wife of another action against the husband for communicating a venereal disease during coverture affecting her health and physical condition, which was, or should have been, considered in granting the divorce.</p>