14. Civil death occurring in case of an outlaw, an attainted felon, or one sentenced to imprisonment for life, incapacitates the person for suing as plaintiff during the con tinuance of the condition. Broom, Part. 85. Sentence as above, during suit, abates it, 1 Du. N. Y. 664 ; but the right to sue is sus pended only. Broom, Part. 85.
CoTorations may sue in their true corp. rate name, on contracts made in their behalf by officers or agents, 2 Blatchf. C. C. 343; 6 Cal. 258 ; 3 Bouvier, Inst. 151 (M) •, 5 Vt. 500; 20 Me. 45 ; 3 N. J. 321 ; 9 Ind. 359: as, a bank, on a note given to a cashier. 5 Mo. 26 ; 4 How. Pract. 63 ; 21 Pick. Mass. 486, See, also, 15 Me. 443.
The name must be that at the time of suit, 3 Ind. 285 ; 4 Rand. Va. 359, with an aver ment of the change, if any, since the making of the contract, 6 Ala. 327, 494 ; even though a wrong name were used in naalcing the con tract. 6 Serg. & R. Penn. 16 ; 10 Mass. 360; 5 Ark. 234 ; 10 N. H. 123 ; 5 Halst. N. J. 323.
If the corporation be a foreign one, proof of its existence must be given. 1 Carr. & P. 569 ; 13 Pet. 519 ; 2 Gall. C. C. 105 • 5 Wend. N. Y. 478 ; 7 id. 539 • 6 Cow. 46 ; Hill, 44 ; 10 Mass. 91 ; 2 Tex.'531 ; 1 T. B. Monr. Ky. 170 ; 7 id. 584 ; 2 Rand. Va. 465 ; 2 Green, N. J. 439 ; 1 Mo. 184.
As to their ability to sue in the 17nited States courts, see 5 Cranch, 57.
15. Executors and administrators in whom is vested the legal interest are to sue in all personal contracts, 3 Term, 393 ; Williams, Exec. Index ; see 15 Serg. & R. Penn. 183, or covenants afecting the realty but not run ning with the land, 2 H. Blackst. 310 ; and on such covenants running with the land, for breach during the decedent's lifetime occasion ing special damage. 2 Johns. Cas. N. Y. 17 ; 4 Johns. N. Y...72. They must sue as such, on causes accruing prior to the death of the de cedent, 1 Saund. 112 ; Comyns, Dig. Pleader (2 D 1) ; 3 Dougl. 36 ; 2 Swan, Tenn. 170, and as such, or in their own names, at their election, for those accruing subsequent, 16 Ark. 36 ; 3 Dougl. 36 ; Williams. Exec. 1590 ; and upon contracts made by them in their offioial capacity, 30 Ala. 482 ; 32 Miss. 319 ;
15 Tex. 44; in their own names only, in some states. 4 Jones, No. C. 159.
On death of an executor, his executor, or administrator de bolds non if he die intes tate, is the legal representative of the original decedent. 7 Mees. & W. Exch. 306 ; 2 Swan, Tenn. 127 ; 2 Sharswood, Blackst. Comm. 503.
Foreign governments, whether monarchical or republican, 5 Du. N. Y. 634, if recognized by the executive of the forum, 3 Wheat. 324 ; Story, Eq. Pl. 55 ; see 4 Cranch, 272 ; 9 Ves. Ch. 347 ; 10 id. 354; 11 ic/. 283, may sue. 26 Wend. N. Y. 212 ; 6 Hill, N. Y. 33.
16. Husband must sue alone for wages accruing to the wife, for the profits of busi ness carried on by her, or money lent by her during coverture, Broom, Part. 71 ; 2 W. Blackst. 1239 ; 4 E. D. Smith, N. Y. 384; and see I Salk. 114 ; 2 Wils. 424 ; 9 East, 472 ; 1 Maule & S. 180 ; 4 Term, 516 ; for ous words spoken of the wife which are actionable only by reason of special damage, 2 Du. N. Y. 633 ; on a fresh promise, for which the consideration was in part some matter moving from him, renewing a contract made with the wife dum sola, 1 Maule & S. 180 ; and see 2 Penn. St. 827 ; for a legacy accru ing to the wife during coverture, 22 Pick. Mass. 480 ; and as administrator of the wife to recover chattels real and personal not previously reduced into possession. Broom, Part. 74.
He may sue alone for property that belonged to the wife before coverture, 1 Murph. No. C. 41 ; 5 T. B. Monr. Ky. 264 ; on a joint bond given for a debt due to the wife dum sola, 1 Maule & S. 180 ; 4 Term, 616 ; 1 Chitty, Plead. 20 ; on a covenant running to both, Croke Jac. 399 ; 2 Mod. 217 ; 1 Barnew. & C. 443 ; 1 Bulstr. 31 ; to reduce °hoses in action into possession, 2 Maule & S. 396, n. (b) ; 2 Mod. 217 ; 2 Ad. & E. 30 ; and, after her death, for any thing he became entitled to during coverture. Coke, Litt. 351 a, II. 1. And see 4 Barnew. & C. 529.
Infants may sue only by guardian or pro drein ami. 3 Bouvier, Inst. 138 ; 13 Mees. & W. Exch. 640 ; Broom, Part. 84 ; 11 How. Pract. 188 ; 13 id. 413 i 13 B. Monr. Ky. 193.
Joint tenants. See JOINDER ; PARTIES.