Eve v. Cross

Hall, Justice.

This was a statutory action brought by the wife to recover for herself and minor children the premises which had been set apart as a homestead to her husband, who was in life at the commencement of the suit and at the trial, for the benefit of his family. Oh motion of defendant’s counsel, the court ordered the case to be dismissed, on the ground that the suit should have been brought in the name of the husband as the head of the family to whom the homestead was assigned, and not in the name of the wife, who sues for herself and as next friend of the minor . children. Before this…