Infants may sue only by guardian or pro chein anvi; 13 M. & W. 640; McChord v. Fisher's Heirs, 13 B. Monr. (Ky.) 193. In a suit by an infant against his guardian, the infant and not his next friend must be maae the plaintiff ; Morgan v. Potter, 157 U. S. 195, 15 Sup. Ct. 590, 39 L. Ed. 670. Infants who, by their next friend, have procured a judg ment from a court with jurisdiction, for the sale of their.lands, are bound thereby ; Tyson , v. Belcher, 102 N. C. 112, 9 S. E. 634.
Joint tenants. See JOINDER.
Lunatic, or non compos mentis, may main tain an action, which should be in his own name ; Broom, Part. 84 ; McKillip v. McKil lip, 8 Barb. (N. Y.) 552. His wife may ap if he have no committee ; 7 Dowl. 22. An idiot may, by a next friend, who peti tions for that purpose; 2 Chitty, Archb. Pr. 909.
Jimmied women cannot, in general, sue alone at common law ; Broom, Part. 74 ; but a married woman may sue alone where her husband is civilly dead ; see Cro. Eliz. 519 ; 2 B. & P. 165 ; dr, in England, where he is an alien out of the country, on her separate contracts ; 1 B. & P. 357; 3 Campb. 123; while he is in such condition ; Broom, Part. § 114.
So she may sue alone after a sentence of qullity, or divorce a vinculo; 9' B. & C. 698; but not after a divorce a mensa et Moro, or voluntary separation merely ; 3 B. & C. 297.
She may, where he is legally presumed to be dead ; 2 M. & W. 894; or where he has been absent from the country for a very long time ; Rose v. Bates, 12 Mo. 30 ; 23 E. L. & E. 127.
When the wife survives the husband, she may sue on all contracts entered into by oth ers with her before coverture, and she may recover all arrears of rent of her real estate which became due during the coverture, on their joint demise ; 8 Taunt. 181; 1 Rolle, Abr. 350 d. She is also entitled to all her real property, and her chattels real and choses in action not reduced into possession by the husband; Broom, Part. 76.
These are rules which are affected by the married woman's acts, to which reference must be made.
Partners. One partner cannot, in general, sue another for goods sold ; 9 B. & C. 356;
for work done ; 7 B. & C. 419 ; for money had and received in connection with a part nership transaction ; 6 B. & C. 194; or for contribution towards a payment made un der compulsion of law ; 1 M. & W. 504. But one may sue the other for a final balance struck ; Broom, Part. 57; 5 M. & W. 21; see JOINDER ; and they may sue the adminis trator of a deceased partner ; Shields v. Ful ler, 4 Wis. 102, 65 Am. Dec. 293. One making a contract for himself and his partner can not sue therein in his own name alone; De Wit v. Lander, 72 Nvis.120, 39 N. W. 349. An action on an account due a firm is properly brought in the names of its members, though the firm has been dissolved ; Hyde v. Nerve Food Co., 160 Mass. 559, 36 N. E. 585. The fact that after suit brought by partners, one of them sells his interest in the firm to the others, does not necessitate a change of par ties ; Evans Co. v. Reeves, 6 Tex. Civ. App. 254, 26 S. W. 219.
Partners cannot sue or be sued in their copartnership name, but the individual names of the members must be stated; Lewis v.- Cline (Miss.) 5 South. 112. A dormant partner is not a necessary party plaintiff in an action brought by the firm ; Keesey v. Old, 3 Tex. Civ. App. 1, 21 S. W. 693.
Survivors. The survivor or survivors of two or more jointly interested in a contract not running with the land must sue as such; Archb. Pl. 54 ; 1 East 497 ; Wallace v. Fitz simmons, 1 Dall. (Pa.) 248, 1 L. Ed. 122; Bernard v. Wilcox, 2 Johns. Cas. (N. Y.) 374.
The survivor of a partnership must sue alone as such ; 9 B. & C. 538 ; 2 Maule & S. 225. See Campbell v. Pence, 118 Ind. 313, 20 N. E. 840.
The survivor of several parties to a simple contract should describe himself as such; Vandenheuvel v. Storrs, 3 Conn. 203.
Tenants in common may sue each other singly for actual ouster ; Woodf. Landl. & T. 789. See JOINDER ; Webb's Pollock, Torts 447.
Trustees must sue, an not the cestuis que trustent; Weathers v. Ray, 4 Dana (Ky.) 474. See JOINDER.