Mayo v. Jones

K. Dennis Jones and wife, hereinafter referred to as Jones, appeal from a judgment awarding Jacque L. Mayo $4,002.73 on plaintiff Mayo’s suit for an accounting based on an alleged partnership between the parties. The primary question presented in this appeal is, where a divorced couple holds a chose in action as tenants in common, may one of them prosecute that action and obtain a judgment without joining the other in the lawsuit?

Appellant Jones assigns error to the trial court’s refusal to grant his motion to dismiss one-half of Mayo’s complaint on the ground that Mayo is a tenant in common…