Page:Federal Reporter, 1st Series, Volume 6.djvu/240

 228 FEDERAL REPORTER. �Douglas, by lier next friend, etc., v. Bdtleb and another. (Oircuit Gowt, D. New Jersey. March 15, 1881.) �1. Eqtjitt Phacticb— Buit bt Maebied Woman— Hdsband a Paett �TO THB StriT. �In a suit by a married woman, the husband should be joined in ail cases where they have no antagonistic interests ; but if it be other- wise, slie should file her bill by her next friend, and make her hus- band a party defendant. �Birn v. Heath, 6 How. 248. �2. Bamb — Amendaient. �Buch defect of parties may be cured, however, by amandment. Johnson V. VaU, 1 McC. 426. �3. Tax Saie— Redemption— Tbndbb. — [Ed. �In Equity. On Bill, etc. �F. C. Lowthorp, Jr., for complainant. �James Buchanan, for defendant. �Nixon, D. J. This bill was originally filed in tbis case by a husband and wife against the defendant, to compel a sur- render of the title and possession of certain real estate, situate in the city of Camden, New Jersey, to the wife, as her sepa- rate property ; and at the outset we are met with the objection that the bill is fatally detective for the want of proper parties. The coiinsel of the defendant Butler insists that the correct practice in equity does not allow the wife to make her hus- band a co-complainant, but that she should have sued by her next friend, and brought in her husband as a defendant. The old rule in such cases was to permit the wife to join her husband with her in the action — although there was no prayer for his relief — in ail cases where the husband and wife had no antagonistic interests; but where these were likely to arise in the proceediugs, the wife was required to file the bill by her next friend, other than her husband, and to make the husband a defendant. �This rule was expressly sanctioned by the supreme court in Birn v. Heath, 6 How. 248, in which it is said: "Where the wife complains of the husband and asks relief against him, she must use the name of some other person in prose- ��� �