McIntire v. Chappell

*379The note, which was the foundation of this action, was executed in favor of the defendant in error by the plaintiff, and suit, was brought in her name. Her marriage at and before the commencement of the suit was pleaded in abatement, and to this it was replied that her husband had refused to join her in the action. An exception was taken to the admission of the replication, but was overruled. In this we think there was error.

As well by the laws of Spain as the statutes now controlling marital rights, the wife on marriage is disqualified from prosecuting and defending actions, without the…