 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.  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 681by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898Full view - About this book
 | Nathan Howard (Jr.) - 1860 - 608 pages
...the latter. Now the Code, treating of civil actions, lays down this broad general rule, that " when a married woman is a party, her husband must be joined with her ;" thus recognizing at once both his duties and his rights. Certain exceptions, however, of obvious... | |
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 pages
...civil action founded upon contract, (2 Eev. Stat 428); and the provision of section 114, that when a married woman is a party, her husband must be joined with her, so far as it affects this question, was merely affirmatory of the existing law. I am utterly at a loss... | |
 | Tapping Reeve - 1862 - 684 pages
...friend, except she be under the age of twenty-one years. Vol. 2, RS, Ind., ch. 1, sea 8. In Ohio, 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 without her husband by her next friend.... | |
 | New York (State) - 1863 - 1026 pages
...309 ; 8 How. P. R, 343 j 6 How. P. R, 471 ; 6 Arx, 92 ; 4 Ab., 108, 130 ; 3 Ab., 453. <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 CHAP-XL may sne aloiie; 2. When the action is... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 pages
...claimed that the husband should have been joined as co-plaintiff. The Code (§ 114) provides that "when a married woman is a party her husband must be joined...that when the action concerns her separate property she may sue alone." That exception embraces this case, as she sues for her separate property. This... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 pages
...should be a deficiency on the sale. Supreme Ct., 1849, Conde ». Sheparil, 4 How. Pr., 76. 489. 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 aloue.* 2. When the action is between... | |
 | John Townshend - 1864 - 320 pages
...the benefit of another. § 114. [94.] (Am'd 1851, 1857.) Action by and against a married woman. 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 ; J- i'"! JKs.3 (,n »<s*s•>ss•... | |
 | 1864 - 824 pages
...that the husband is joined with his wife as a defendant. Section 114 of the Code provides that when a married woman is a party, her husband must be joined with her, except, he. This section is unrepealed, and the only statute modifying it when this action was brought, is... | |
 | Idaho (Ter.) - 1864 - 762 pages
...contract is made for the benefit of another. SEC. 7. When a married woman is a party, her husband shall be joined with her; except, that when the action concerns her separate property, she may sue alone; when the action is between herself and her husband, she may sue or be sued alone.... | |
 | Idaho - 1864 - 734 pages
...contract is made for the benefit of another. SEC. 7. When a married woman is a party, her husband shall be joined with her; except, that when the action concerns her separate property, she may sue alone; when the action is between herself and her husband, she may sue or be sued alone.... | |
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