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BURNS v. BURNS

No. 56500.

518 So.2d 1205 (1988)

Betty BURNS v. Erit Lamar BURNS.

Supreme Court of Mississippi.

January 13, 1988.

Attorney(s) appearing for the Case

C. Collier Carlton, Jr., John B. Riemenschneider, Farese, Farese & Farese, Ashland, for appellant.

James H. Mathis, Corinth, for appellee.

En Banc.

PRATHER, Justice, for the Court:

At issue in this appeal is the question of continuance of the judicially imposed rule of interspousal immunity in Mississippi. The Circuit Court of Alcorn, on a motion for judgment on the pleadings, dismissed a complaint filed by Betty Burns, against her husband, Erit Lamar Burns for an alleged assault and battery. The court ruled that the complaint was barred by the doctrine of interspousal immunity. This Court reverses the dismissal...

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