Colvill v. Langdon

Gileillan, C. J.1

Action for assault and battery upon the plaintiff, Jane E. By Laws 1869, ch. 58, amending Gen. St. ch. 66, § 29, a married woman may bring an action like this without joining her husband. Joining him in this case was an irregularity. But as the complaint clearly shows that the cause of action is in her alone, and as defendants could not be in any way prejudiced or embarrassed in their defence by the misjoinder, no substantial right is affected, and the court below might either disregard it or correct it at once by striking out the name of the husband.

The plaintiff, with her…