from his death. If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives, after the expiration of that time, and within one year after the issuing of letters testamentary or of administration. 354. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action. In suits by aliens, time of war to be deducted. where has been reversed. 355. If an action is commenced within the time Provision prescribed therefor, and a judgment therein for the judgment plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one year after the reversal. where action is injunction. stayed by 356. When the commencement of an action is Provision stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. Disability when right of action accrued. 357. No person can avail himself of a disability, must exist unless it existed when his right of action accrued. 358. When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. not applica actions against etc. 359. This title does not affect actions against This Title Directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability tors, created by law; but such actions must be brought Limitawithin three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created. tions in such cases prescribed. Acknowl edgment or new promise 360. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to must be in take the case out of the operation of this Title, unless the same is contained in some writing, signed by the party to be charged thereby. writing. Limitation laws of other States. effect of. Existing causes of action not affected. Word how. 361. When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued. 362. This Title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of this section. 363. The word "action" as used in this Title is to construed, be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. TITLE III. OF THE PARTIES TO CIVIL ACTIONS. SECTION 367. Action to be in name of party in interest. 368. Assignment of thing in action not to prejudice defense. 369. Executor, trustee, etc., may sue without joining the persons beneficially interested. 370. When a married woman is a party, actions by and against. 371. Wife may defend, when. 372. Infant to appear by guardian. 373. Guardian, how appointed. SECTION 374. Unmarried female may sue for her own seduction. 378. Who may be joined as plaintiffs. 379. Who may be joined as defendants. 380. Parties defendant in an action to determine conflicting 381. Parties holding title under a common source, when 382. Parties in interest, when to be joined. When one or 383. Plaintiff may sue in one action the different parties to 384. Tenants in common, etc., may sever in bringing or 385. Action, when not to abate by death, marriage, or other disability. Proceedings in such case. 386. Another person may be substituted for the defendant. 389. Court, when to decide controversy or to order other 367. (§4.) Every action must be prosecuted in the name of the real party in interest, except as provided in Section 369. 368. (5.) In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity. 369. (§ 6.) An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. When a married 370. (§ 7.) When a married woman is a party, woman is a her husband must be joined with her, except: party, actions by and against Wife may defend, when. Infant to appear by guardian. Guardian, how 1. When the action concerns her separate property, or her right or claim to the homestead property, she may sue alone; 2. When the action is between herself and her husband, she may sue or be sued alone; 3. When she is living separate and apart from her husband, she may sue or be sued alone. 371. (8.) If a husband and wife be sued together, the wife may defend for her own right, and if the husband neglect to defend, she may defend for his right also. 372. ($9.) When an infant is a party he must appear by his general guardian, if he has one; and if not, by a guardian who may be appointed by the Court in which the action is prosecuted, or by a Judge thereof, or a County Judge. 373. When a guardian is appointed by the Court, appointed. he must be appointed as follows: Unmarried female may sue for her own seduction. 1. When the infant is plaintiff: upon the application of the infant, if he be of the age of fourteen years; or if under that age, upon the application of a relative or friend of the infant; 2. When the infant is defendant: upon the application of the infant, if he be of the age of fourteen years and apply within ten days after the 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 a relative or friend of the infant. 374. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor. etc.. may sue for seduction of 375. A father, or, in case of his death or desertion Father, of his family, the mother, may prosecute as plaintiff for the seduction of the daughter, and the guardian daughter, for the seduction of the ward, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service. 376. (§ 11.) A father, or, in case of his death or desertion of his family, the mother, may maintain an action for the injury or death of a child, and a guardian for the injury or death of his ward. per sue for for one caused by the or 377. When the death of a person is caused by the wrongful act or neglect of another, his heirs or sonal representatives may maintain an action damages against the person causing the death; when the death of a person is caused by an injury received in falling through any opening or defective place in any sidewalk, street, alley, square, or wharf, his heirs or personal representatives may maintain an action for damages against the person whose duty it was, at the time of the injury, to have kept in repair such sidewalk or other place. In every such action the jury may give such damages, pecuniary or exemplary, as, under all the circumstances of the case, may to them seem just. 378. (§ 12.) All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this Title. 379. (§ 13.) Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the ques wrongful another. act of Who may plaintiffs. be joined as Who may be joined as defendants. |