Fassio v. Woolfrey

This is an appeal from the judgment taken upon the judgment-roll alone.

The appellant, Esther Nathan, is one of the defendants in the action.. Her husband is also joined as a defendant under the name of John Doe Nathan, “for the reason,” as stated in the complaint, “that he is the husband of Esther Nathan.” A judgment by default was entered against her. Her husband was never served with summons.

It is clear that under the provisions of section 370 of the Code of Civil Procedure it is not sufficient to merely name the husband as a party defendant in an action against his wife, but he must also…