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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 40
by Nathan Howard, New York (State). Supreme Court - 1870
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Miscellaneous Documents: 30th Congress, 1st Session - 49th ..., Volume 1

United States. Congress. House - United States - 1873
...assignee, the declaration or other complaint shall disclose the plaintiff's title by assignment. 5. When a married woman is a party, her husband must be joined •with her, except — (1.) When the action concerns her separate property, she may sue alone. ('.'.) When the action...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - Civil procedure - 1874 - 872 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 sue...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 4

New York (State). Court of Appeals - Law reports, digests, etc - 1874
...provided by section 114 of the Code of Procedure, as it stood when this action was commenced, that where a married woman is a party her husband must be joined with her, except that, when the action concerns her separate property, she might sue alone. Then, by section 399 of the Code,...
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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 - Law reports, digests, etc - 1874
...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 that when the action concerns her separate property she may sue alone." This latter provision ( 114) considered...
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Commentaries on the Law of Married Women: Under the Statutes of ..., Volume 2

Joel Prentiss Bishop - Women - 1875
...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...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. And in no case...
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A Treatise on the Law of Trespass in the Twofold Aspect of the ..., Volume 1

Thomas Whitney Waterman - Trespass - 1875
...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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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - Court rules - 1875 - 481 pages
...contract is made for the henefit of another. 2114, 'When a married woman is a party her hushand must he joined with her, except that : 1. When the action concerns her separate property, ahe may suo alone. And in no case need she prosecute or defend hy a gnardian or next of kin. 2 115....
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 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...concerns her separate property, she may sue alone; (2) When the action is between herself and her husband, she may sue and be sued alone ; but in no case...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - Civil procedure - 1876 - 481 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...action concerns her separate property, she may sue aione. And In no case need she prosecnte or defend by a gnardian or next of kin. 2 us. When an infant...
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Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 2

Charles Greenstreet Addison - Torts - 1876 - 1440 pages
...Z7.How. (NY>874. The New York Code provides that when a married woman is a party, her husband mast 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 ; and in no...
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