Corporations, like natural persons, may sue, Grant, Corp. 198, although foreign, id. 200 ; but in such case the corporate act must be set forth, 1 Strange, 612 ; 1 Crompt. M. & R. Exch. 296 ; 4 Johns. Ch. N. Y. 327, as it must if they are domestic and created by a private act. 3 Conn. 199 ; 15 Viner, Abr. 198. All the members of a voluntary as socistion must be joined, 15 Ill. 251, unless too numerous. 2 Pet. 566 ; 3 Barb. Ch. N.
Y. 362.
idiots and lunatics may sue by their com mittees. Mitford, Eq. Pl. 29 ; Adams, Eq. 301 ; Goldsb. Eq. 93. As to when a mere petition is sufficient, see 7 Johns. Ch. N. Y. 24 ; 2 Ired. Eq. No. C. 294.
Infants may sue, Mitford, Eq. PI. 25, and, if they be on the wrong side of the suit, may be transferred at any time, on suggestion. 3 Edw. Ch. N. Y. 32. The hill must be filed by the next friend, Cooper, Eq. Pl. 27 ; 1 Smith, Chanc. Pract. 54 ; 2 Ala. 406, who must not have an adverse interest, 2 Ired. Eq. No. C. 478, and who may be compelled to give bail. 1 Paige, Ch. N. Y. 178. If the infant have a guardian, the court may decide in whose name the suit shall continue. 12 Ill. 424. Amanied woman is under partial incapacity to sue. 7 Vt. 369. Otherwise, when in such condition as to be considered in law a firm sole. 2 Hayw. No. C. 406. She may sue on a separate claim by aid of a next friend of her own choice, Story, Eq. Pl. 61 ; Fonblanque, Eq. b. 1, c. 2, 6, note p ; 1 Freem. Ch. 215 ; but see 2 Paige, Ch. Y. 454 ; and the de fendant may insist that she shall sue in this manner. 2 Paige, Ch. N. Y. 255 ; 4 Rand. Va. 397.
Defendants.
10. Generally, all who are able to suP may be sued in equity. To constitute a person defendant, process must be prayed .gainst him. 2 Bland, Ch. Md. 106 ; 4 Ired. Eq. No. C. 175 ; 5 Ga. 251 ; 1 A. K. Marsh. Ky. 594. Those who are under incapacity may be made defendants, but must appear in a peculiar manner. One, or more, interested with the plaintiff, who refuse to join, may be made de fendants. 2 Bland, Ch. Md. 264; 3 Des. So.
C. 31 ; 10 Ill. 534 ; 15 id. 251.
Corporations must be sued by their corpo rate names, unless authorized to come into court in the name of some other person, as president, etc. Story, Eq. Pl. 70 ; 4 Ired. Eq. No. C. 195. Governments cannot, gene rally, be sued in their own courts, Story, Eq. Pl. 69 : yet the attorney-general may be made a party to protect its rights when in volved, 1 Barb. Ch. N. Y. 157 • and the rule does not prevent suits against Officers in their official capacity. 1 Dougl. Mich. 225.
Idiots and lunatics may be defendants and defend by committees, usually appointed guardians ad litem as of course. Mitford, Eq. PI. 103 ; Cooper, Eq. Pl. 30 ; Story, Eq. Pl. 70 ; Shelford, Lun. 425 ; 6 Paige, Ch. N. Y. 237.
A guardian d,e facto may not have a bill against a lunatic for a balance due him, but must proceed by petition. 2 Dev. & B. Eq. No. C. 385 ; 2 Johns. Ch. N. Y. 242 ; 2 Paige, Ch. N. Y. 422 ; 8 id. 609.
Infants defend by guardians appointed by the court. Mitford, Eq. Pl. 103 ; Cooper, Eq. Pl. 20 ; 9 Ves. Ch. 357 ; 10 id. 159 ; 11 id.563 ; 1 Madd. Ch. 290 ; 8 Pet. 128 ; 12 Mass. 16 ; 2 Tayl. No. C. 125.
On becoming of age, an infant is allowed, as of course, to put in a new plea, or to demur on showing that it is necessary to protect his rights. 6 Paige, Ch. N. Y. 353.
II. Married women may be made defend ants, and may answer as if femes sole, if the husband is plaintiff, an exile, or an alien enemy, has abjured the realm or been trams. ported under criminal sentence. Adams, Eq. 313 ; Mitford, Eq. PI. 104.
She should be made defendant where her husband seeks to recover an estate held in trust for her separate use, 9 Paige, Ch. N. Y. 225, and, generally, where the interests of her husband conflict with hers in the suit, and be is plaintiff. 3 Barb. Ch. N. Y. 397. See, also, 11 Me. 145 ; Mitford, Eq. Pl. 104. See.. generally, as to who may be defendants.