Whalen v. Baker

This action is one for nuisance in flooding the cellar of a house, which was owned by the plaintiff, Mary Whalen, and occupied jointly by herself and her husband as a home. The suit wás instituted before a justice of peace, where the plaintiffs had judgment. Before the introduction of any evidence in the circuit court, the defendant moved to strike out the name of Mary Whalen, unless it was claimed that she was the substantial party in interest and the owner of the property mentioned in the statement, or that plaintiffs be ruled to elect whether they would proceed upon the cause of action…