Shore v. Shore

The complaint was in the name of the wife, against the husband, asking for a limited divorce. An order was made allowing alimony. A motion is now made to vacate that order, and to dismiss the complaint, on the ground that the wife cannot sue without a next friend. Section 114 of the code *716provides that when a married woman is a party, her husband must be joined with her, except, 1. that she may sue alone when the action concerns her separate property; and 2. she may sue or be sued alone, when the action is between herself and her husband.

It would seem as if the mere reading of the last…