Page:Federal Reporter, 1st Series, Volume 2.djvu/910

 hOSEJUJO) V. 8TABDABD OXU 00. 003 �dîsqualiûed from, brîngîng and maîntaîning the suit in her own nam6, ■without joining her said hasband as a party thereto. �The plaintiff, although a general replication has been filed to the answer, has, under rule 52, in equitj, set down the cause for argument onsuch objection, and the defendant takes no point that this is irregular, because a replication has been filed, and the question involved has been argued. �The defendant contends that the rule of practice of the courts of New York, regulated by the statutea of New York, which permits suits by a married woman in her own name, does not apply to suits in equity in this court ; that there is no Btatute or rule whieh permits the plaintiff to bring this suit without joining her husband ; and that, under the general prin- ciples of equity practice, and the practice of the high courts of chancery in England, the husband must be joined. Eule 90 of the rules in equity, prescribed by the supreme court, provides as foUows : "In ail cases where the rules prescribed by this court, or by the circuit courts, do not apply, the practice of the cir- cuit court shall be regulated by the present practice of tha high court of chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local conveuiences of the district where the court is held, not as positive rules, but as furnishing just analogies to reg- ulate the practice." �The legal title to this patent is in the plaintiff. By the law of New York, as interpreted by the courts of New York, a married woman may hold property of every description in the same manner as if she were a feme sole. Gage v. Danchy, 34 N. Y. 293 ; BucUey v. Wells, 33 N. Y. 518 ; Knapp v. Smith, 27 N. Y. 277. The bill alleges that the plaintiff belongs to New York, and is a citizen of the United States, and that some of the infringements were committed in New York. Under the provisions of sections 629, 4919 and 4921 of the Eevised Statutes of the United States, suits in equity for the infringe- ment of letters patent must be brought by the party in inter- est in his or her own name, and such right cannot be dele- gated to another person, to bring the suit in the name of such other person, when the suit is not for the benefit in any way ����