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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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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 1861 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 the United ...

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - District courts - 1876
...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 - Forms (Law) - 1876
...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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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...interest in the wife's property : " The statute — It. S. ch. 122, § 15 — reads as follows : ' When a married woman is a party, her husband must be joined except that, 1. when the action concerns her separate property, she may >v alone ; 2. when the action...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 437 pages
...Action 'i> . and againrt, a married woman. When H married woman is (a) party, lier husband must he 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 hvr husband, phe may sue or he sued aioue ; And in no case...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Volume 1

Morris March Estee - Civil procedure - 1878
...prosecute or defend by a guardian or next friend," ia added. Ohio Code, see. 28, is as follows: " Where a married -woman is a party, her husband must be joined with her, exeept, that where the action concerns her separate property, or is between herhelf and husband, she...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 81

North Carolina. Supreme Court - Law reports, digests, etc - 1879
...the judgment erroneous, and as such liable to be set aside. The new system of practice requires that "when a married woman is a party, her husband must be joined with her," except that, first, " when the action concerns her separate property she may sue alone," and, secondly, " when the...
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Acts of the State of Ohio

Ohio - Session laws - 1879
...twenty-eight 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 where the action concerns her separate property, or is upon a written obligation, contract or agreement,...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - Civil procedure - 1880 - 763 pages
...Trustee— 1 Cal. 76, 94; 4 Cal. 197; 18 Cal. 11; 25 Cal. 29; 26 Cal. 25; 32 Cal. Ill; 34 Cal. 136. § 370. When a married woman is a party, her husband must be joined with her, except: 1. When the action concerns her separate property, or her right or claim to the homestead property,...
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The Northwestern Reporter, Volume 15

Law reports, digests, etc - 1883
...appellant, the city of Madison. CASSODAY, J. It has long been the statute that where a married womau is a party her husband must be joined with her, except that when the action concerns her separate property or business, or alleged antenuptial debts, or i* between...
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