45 A. 740 | R.I. | 1900
The question raised on the agreed statement of facts is whether a married woman, while the unity of the marriage relation exists undisturbed between them, can acquire a domicile other than that of her husband. In behalf of the plaintiff it is contended that she can. The contention rests on the argument that the common law status of a married woman by which her legal existence is suspended during the marriage, or merged in that of her husband, 1 Blacks. Com. 422, has largely ceased to obtain in modern times, and especially in this State, where the law recognizes her as having a separate existence and separate rights as to her property, and consequently separate interests. After a careful examination of the authorities, however, we have come to the conclusion that though a wife may acquire a domicile distinct from that of her husband whenever it is necessary or proper for her to do so, as, for instance, where the husband and wife are living apart by mutual consent, In re Florence, 61 N.Y. Supreme Court, 328; or where the wife has been abandoned by the husband,Shute v. Sargent,
While the language of the court in Shute v. Sargent,
Our opinion is that judgment should be rendered for the defendant for costs.