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" When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone. "
Practice Reports in the Supreme Court and Court of Appeals - Page 195
by Nathan Howard (Jr.) - 1852
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 35

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1874 - 646 pages
...ie, Title III. of Part 1. And it is "provided in said title," in § 114, that "where a married yoman is a party, her husband must be joined with her, except...concerns her separate property she may sue alone." This latter provision (§ 114) considered in the light of the laws of 1860 and 1862, concerning married...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 pages
...express trust, and the action should be in its name. Ib. SEC. 28. WHEN A MARRIED WOMAN is A PARTY. "Where a married woman is a party, her husband must be joined...that when the action concerns her separate property, or is between herself and her husband, sh& may sue or be sued alone ; and in every such case her separate...
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The Central Law Journal, Volume 46

1898 - 562 pages
...Under Sanb. ft B. Ann. St. § 2608, providing tbat, "where a married woman is a party, ber husband most be Joined with her, except that when the action concerns her separate property or business she 'may sue or be sued alone," it was error to permit plaintiff to be deducted from the...
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A Treatise on the Law of Trespass in the Twofold Aspect of the ..., Volume 1

Thomas Whitney Waterman - 1875 - 756 pages
...action founded upon contract (2 Rev. Sts. 428); and the provision of section 114 of the Code, that when a married woman is a party, her husband must be joined with her, so far as it affects this question, WHS merely aflirmatory of the existing law (Solomon v. Waas, 2...
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Commentaries on the Law of Married Women: Under the Statutes of ..., Volume 2

Joel Prentiss Bishop - 1875 - 796 pages
...Procedure, as amended in 1851 and 1857, and existing at the time when this statute was enacted : " When any married woman is a party, her husband must be joined with her, except that, 1, When the action concerns her separate property, she may sue alone ; 2, When the action is between...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 498 pages
...to Inclnde a person with whom or in whose name a contract is made for the benefit of another. 5 114. When a married woman is a party her husband must be joined with her, except that : 1. When the action concerns her separate property, she may sue aione. And In no case need she prosecnte...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 924 pages
...States the legislation is special, as it is in New York. The first of these forms is the following : "When a married woman is a party, her husband must be joined with her, except that, (1) When the action concerns her separate property, she may sue alone; (2) When the action is between...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 986 pages
...of an express trust, within the meaning of this section. 10.370. Married woman as party . SEC. 370. q < _gh 5Ϋ t N ` ;$= o + 10k"j H ca |g I^ x$} f O 1. When the action concerns her separate property, or her right or claim to the homestead property,...
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Cases Argued and Determined in the Circuit and District Courts of ..., Volume 5

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1876 - 590 pages
...gift, remains her property to the same extent and under, the same rules as her real estate so remains.2 When a married woman is a party, her husband must be joined with her, except when the action concerns her separate property, she may sue alone; and, when the action is between...
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Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - 1876 - 1174 pages
...Rowe v. Smith, 45 NY 230; Sigel ». Johns, 58 Barb. 620. (In New York, by statute, as a general rule, when a married woman is a party, her husband must be joined with her; one exception, however, is that when the action concerns her separate property, she may sue alone....
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