This section contains the nature of the case and procedural background.

P and Le Roy Gleason (D) were married in Wisconsin, on November 17, 1956, and lived together as wife and husband until sometime in March 1957. Gleason (D) assumed in good faith that the marriage was valid. On March 10, 1958, the marriage was annulled by decree of the circuit court. Both P and Gleason (D) had their domicile in Wisconsin. It just so happened that on December 19, 1956, P was injured in California while riding in a motor truck being driven by Gleason (D), her then supposed husband. P sued Gleason (D) and the insurer of the vehicle, and the two owners of the truck in Wisconsin. Ds moved for summary judgment dismissing the action on the grounds that under California law one spouse is immune from suit in tort by the other spouse. The action was dismissed and P appealed.

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