Nebraska Revised Statute 25-305

Chapter 25 Section 305

25-305.

Married woman.

A woman may while married sue and be sued in the same manner as if she were unmarried.

Source

  • Laws 1871, § 3, p. 68;
  • R.S.1913, § 7586;
  • C.S.1922, § 8529;
  • C.S.1929, § 20-305;
  • R.S.1943, § 25-305.

Annotations

  • Common-law doctrine of interspousal tort immunity is abrogated; husband or wife is not immune from tort liability to the other solely by the reason of that relationship. This case overrules Emerson v. Western Seed & Irrigation Co., 116 Neb. 180, 216 N.W. 297 (1927). Imig v. March, 203 Neb. 537, 279 N.W.2d 382 (1979).

  • Action by wife against husband for personal injuries is not authorized. Emerson v. Western Seed & Irr. Co., 116 Neb. 180, 216 N.W. 297 (1927), overruled by Imig v. March, 203 Neb. 537, 279 N.W.2d 382 (1979).

  • Statute of limitations runs against women during coverture. Murphy v. Evans City Steam Laundry Co., 52 Neb. 593, 72 N.W. 960 (1897).

  • Married woman may maintain action for personal injuries in her own home. City of Chadron v. Glover, 43 Neb. 732, 62 N.W. 62 (1895).

  • Wife may maintain action against husband for use and occupation of her real estate. Skinner v. Skinner, 38 Neb. 756, 57 N.W. 534 (1894).

  • Married woman, served with process, was bound by court's decree in registration proceedings under Torrens Act. Jones v. York County, 26 F.2d 623 (8th Cir. 1928).

  • Wife may maintain action for loss of consortium. Cooney v. Moomaw, 109 F.Supp. 448 (D. Neb. 1953).