 | Ohio - 1874 - 262 pages
...section twenty-eight (28) of the code of civil procedure be amended so as to read as follows: Section 28. Where a married woman is a party, her husband must be joined with her, except that when the action concerns her separate property, or is upon a written obligation, contract or agreement... | |
 | 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 with her, except, that when the action concerns her separate property, or is between herself and her husband, sh& may... | |
 | 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... | |
 | 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... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...express trust, within the meaning of this section. 10.370. Married woman as party . SEC. 370. When < _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,... | |
 | New York (State). - 1876 - 498 pages
...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... | |
 | United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1876 - 590 pages
...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... | |
 | Joseph Chitty, Henry Greening - 1876 - 1174 pages
...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.... | |
 | John Norton Pomeroy - 1876 - 908 pages
...and he sued in the same manner as if she were unmarried." 8 The Missouri statute provides that " When a married woman is a party, her husband must be joined with her in all actions, except those in which the husband is plaintiff only, and the wife defendant only, or... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 pages
...question arises, how should such an action be brought? Section 28 of the code provides, that 11 whore 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."... | |
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... 2. When the action is between herself and her husband, she may sue or be sued alone; 3. 
