Rogers v. Smith

Smith sued Rogers for malicious prosecution. The complaint contained three paragraphs: 1. Charging a malicious prosecution of himself. 2. Charging a malicious prosecution of his wife, ivhereby she was imprisoned, &c. 3. Charging a malicious prosecution of his minor children, &c. The plaintiff recovered seventy-six dollars. The Court overruled a demurrer to the second count, and that ruling raises the only question this Court has to decide.

The appellant contends that as to the matter of that paragraph, the wife was á necessary party plaintiff, with her husband, she being the meritorious cause…