Bogart

—The female defendant, before her marriage with the other defendant, being indebted to plain“tiff, gave her promissory note to secure such indebtedness. About eight months after the marriage, the plaintiff brought suit upon the note, before a justice of the peace, .against the wife alone, in her maiden name. She was then, and ever since the marriage had been, living with her husband. The summons was served upon her, and as she did not appear and defend, judgment went against her by default, June 25,1885. This action, against both husband and wife, was commenced June 16, 1890, upon that judgment. The court found in accordance with the •foregoing statement of facts, and that no part of the judgment against the wife had been paid, and from such facts, as a conclusion of law, that the defendants were entitled to judgment. The conclusion of the learned judge seems to have been based upon the proposition that the judgment against the wife on which this suit was brought was void, for two reasons: 1. Because of the misnomer; and 2. Because the husband was a necessary party, without whom, in such an action, the court could not obtain jurisdiction of the person of the wife.

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