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Plaintiffs

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PLAINTIFFS. In general, all persons, wheth er •natural or artificial, may sue in equity ; and an equitable title only is sufficient ; Frye v. Bank, 5 Gilman (Ill.) 332. Incapacities which prevent suit are absolute, which dis able during their continuance, or partial which disable the party to sue alone.

Persons representing antagonistic interests cannot be joined as complainants; Smith v. Smith, 102 Ala. 516, 14 South. 765.

Alien enemies are under an absolute in capacity to sue. Alien friends may sue; Mitt. Eq. Pl. 129; if the subject-matter be not such as to disable them; Co. Litt. 129 b; although a sovereign; 1 Sim. 94 ; Society for the Propagation of Gospel v. New Haven, 8 Wheat. (U. S.) 464, 5 L: Ed. 662; Silver Lake Bank v. North, 4 Johns. Ch. (N. Y.) 370. In such case he must have been first recognized by the executive of the forum; Gelston v. Hoyt, 3 Wheat. (U. S.) 324, 4 L. Ed. 381.

In such case the sovereign submits to the jurisdiction, as to the subject-matter, and must answer on oath; Mitf. Eq. Pl. 30; Ad. Eq. 313; 6 Beay. 1. See SOVEREIGN.

Attorney-general. Government (in Eng land, the crown) may sue both in its own be half, for its own political rights and inter ests, and in behalf of the rights and interests of those partaking of its prerogatives or claiming its peculiar protection; Mitf. Eq. Pl. 421; usually by the agency of the attor ney-general or solicitor-general ; Mitf. Eq. Pl. 7; Ad. Eq. 312. See INJUNCTION ; Quo WARRANT° ; MANDAMUS ; TRUSTS.

Corporations, like natural persons, may sue; Moraw. Pr. Corp. § 357; Grant, Corp. 198; although foreign ; id. 200 ; but in such case the incorporation must be set forth ; 1 Cr. M. & R. 296 ; Silver Lake Bank v. North, 4 Johns. Ch. (N. Y.) 372; as it must if they are domestic and created by a private act; Central Mfg. Co. v. Hartshorne, g Conn. 199; 15 Viner, Abr. 198. All the members of a voluntary association must be joined ; Whit ney v. Mayo, 15 Ill. 251; unless too numer ous; Beatty v. Kurt; 2 Pet. (U. S.) 566, 7 L. Ed. 521. See JURISDICTION ; EXPRESS COM PANIES.

As to the right of a stockholder, to sue, see Hawes v. Oakland, 104 U. S. 460, 26 L. Ed. 827; Detroit v. Dean, 106 U. S. 537, 1

Sup. Ct. 500, 27 L. Ed. 300; Dodge v: Wool sey, 18 How. (U. S.) 331, 15 L. Ed. 401.

Idiots and lunatics may sue by their com mittees ; Mitf. Eq. Pl. 29. As to when a mere petition is sufficient, see In re Hallock, 7 Johns. Ch. (N. Y.) 24; Latham v. Wiswall, 37 N. C. 294. See NEXT FRIEND.

Infants may sue; Mitt Eq. Pl. 25; and, if they be on the wrong side of the suit, may be transferred at any time, on suggestion; Le Fort v. Delafield, 3 Edw. Ch. (N. Y.) 32. The bill must be filed by the next friend; Bowie v. Minter, 2 Ala. 406; who must not have an adverse interest ; Walker v. Crow der, 37 N. C. 478; and who may be compel led to give bail ; Fulton v. Rosevelt, 1 Paige, Ch. (N. Y.) 178, 19 Am. Dec. 409. If the in fant have a guardian, the court may decide in whose name the suit shall continue; Holmes v. Field, 12 I11. 424.

A married woman, at common law, was under partial incapacity to sue ; Bradley v. Emerson, 7 Vt. 369. Otherwise, when in such condition as to be considered in law a f eme sole; Troughton's Adm'rs v. Hill's EX'rs, 3 N. C. 406. She could sue on a sepa rate claim by aid of a next friend of her own choice ; Story, Eq. Pl. § 61; but see Wood v. Wood, 2 Paige, Ch. (N. Y.) 454; and the defendant might insist that she should sue in this manner; Dandridge v. Minge, 4 Rand. (Va.) 397.

Though at common law an action could not be maintained by a partnership against another partnership having a common mem ber with the former, upon an agreement made between the two firms, equity will take jurisdiction, and afford an adequate remedy ; Crosby v. Timolat, 50 Minn. 171, 52 N. W. 526.

Societies. A certain number of persons belonging to a voluntary society may sue on behalf of themselves and their associates for purposes common to them all ; Beatty v. Kurtz, 2 Pet. (U. S.) 566, 7 L. Ed. 521; such as bondholders and stockholders.

The objection for want of proper parties may be taken advantage of either by demur rer, plea, answer, or at the hearing; 24 U. S. App. 601; but see ANSWER as to the chang es in equity pleading under the new equity rules of the supreme court of the United States.