55-36 - Contracts of, and suits by and against, married women.
§ 55-36. Contracts of, and suits by and against, married women.
A married woman may contract and be contracted with and sue and be sued inthe same manner and with the same consequences as if she were unmarried,whether the right or liability asserted by or against her accrued heretoforeor hereafter. In an action by a married woman to recover for a personalinjury inflicted on her she may recover the entire damage sustained includingthe personal injury and expenses arising out of the injury, whetherchargeable to her or her husband, notwithstanding the husband may be entitledto the benefit of her services about domestic affairs and consortium, and anysum recovered therein shall be chargeable with expenses arising out of theinjury, including hospital, medical and funeral expenses, and any person,including the husband, partially or completely discharging such debts shallbe reimbursed out of the sum recovered in the action, whensoever paid, to theextent to which such payment was justified by services rendered or expensesincurred by the obligee, provided, however, that written notice of such claimfor reimbursement, and the amount and items thereof, shall have been servedon such married woman and on the defendant prior to any settlement of the sumrecovered by her; and no action for such injury, expenses or loss of servicesor consortium shall be maintained by the husband.
(Code 1919, § 5134; 1932, p. 21; 1950, p. 460.)