The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-07
CODE OF PRooEDURE..Cont
TITLE III,

"oIC1AOH> Luz. IuTty III interest 10 sue.
Action by grantee of land held nd
versely. N'
Sec. 1a5. Assignment of thing in ac.
ton.
Sec. 1876. Actions by executor, trustee,
&c. !:
SEC. 1877. Actions by and against mar
ried women.
SEC. 13S. Infants. actions by and
against.
SEC. 139. Guardian, how appointed.
SEC. l4O. Who may be plaintiffs.
SEQ. 141. Who may be defendants.
SEC. l42. Ono or more may sue or de-
fend for all.
Sec. 143. One action against the
different parties to bills and notes.
SEC. III. Action, when not to abate.
Sec. 145. Court to decide controversy.
DC. Interpleading.
SECTION 134. Every action must be
prosecuted in the name of the real party
IN interest, except as otherwise provided
in Section one hundred and thirty-six;
but this Section shall not be deemed to
authorize the assignment of thing in
action not arising out of contract. But
an action may be maintained by grantee
OF land in the name of granter, or his
or her heirs or legal representatives,
when the grant or grants are void by
reason of the actual possession of per-
son claiming under title adverse to
that of the grantor at the time of the
delivery of the grant, and the plaintiff
shall be allowed to prove the facts to
bring the case within this provision.
SEC: l3o. In the case of an assignment
OF thing in action, the action by the
assignee shall be without prejudice to
Snf-OH nf fbor Jafo
the time of. or before notice of, the
assignment; but this Section shall not
apply to negotiable promssory note or
bill Of exchange, transferred in good
faith, and upon good consideration, be-
foro DUE
SEC. 136. An executor or administra-
tor, trustee Of an express trust, or
person expressly authorized by statute,
may sue. without joining with him the
person for whose benefit the action is
prosecuted. A trustee of IN express
trust, within the meaning of this Sec
ton, shall be construed to include q
person with whom or in whose name @
contract is made for the benefit of
another
Sec. 1877 When married woman is a
party, her husband must be Joined with
her, except that,
l. When the action concerns her sepn-
rate property, she may sue or be sued
alone: Prorided, That neither her hus
band nor his property shall be liable for
any recovery against her in any such
suit, but judgment may be enforced by
execution against her sole and separate
estate III the same manner as if she were
sole.
2. When the action is between herself
and her husband, she may sue or be
sued alone; and in no case need she
prosecute or defend by guardian or
next friend.
SEQ. 1873. When an infant is party,
he must appear by guardian, who may
be appointed by the court in which tho
action Is prosecuted, or by Judge there
of, or q Probate Judge.
SEC. 139. The guardian shall be ap-
pointed as follows:
l. When the infant is plaintiff, upon
the application Of the infant, if he he of
the age OF fourteen years; or, if under
that age, upon the application of his
general or testamentary guardian, if he
has any, or OF relative or friend Of the
infant; IL made by n relative or friend of
an infant, notice thereof must first be
given to such guardian, if he has one:
whom such infant resides.
2. When the infant is defendant. upon
the application of the infant, if be be of
the age of fourteen years, and apply
within twenty days after service of the
summons. If he be under the age of
fourteen, or neglect so to apply, then
upon the application of any other party
to the action, or of relative or friend
of the infant, after notice of such appli-
cation being first given to the general or
testamentary guardian of such infant, if
he has one within this State; if he has
none, then to the infant himself, if over
fourteen years of age, and within the
State; or, if under that age, and within
the State, to the person with whom such
infant resides. And in actions for the
partition of real property, or for the
foreclosure Of mortgage or other in
strument. when an infant defendant re-
sides out Of this State, or is temporarily
absent thcrefrom. the plaintiff may ap-
ply to the court in which the action is
pending, Mt any stated or special term
thereof, and will bs entitled to IN order
designating somo suitable person to be
the guardian for fho ;pfopt lofon looa