Moncrief v. Ward

The Code, section 114, provides that when the action concerns her separate property, a married woman may sue alone. The act of the legislature (Session Laws 1860, p. 157) by section seven enlarges this right of a married woman to sue. She may also maintain an action in her own name against any person for damages to her person or character, and the intent seems to have been to assimilate the forms of procedure against her to those against feme sole, where she could be sued at all. (Barton agt. Beer, 21 Howard Pr. R., 309.)

Having the right to sue, the power must be employed cum onere. The…