tiff 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. Amended Code, § 104. § 589. When the commencement of an action is 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. Amended Code, § 105. § 590. No person can avail himself of a disability, unless it existed when his right of action accrued. Amended Code, § 106. § 591. When two or more disabilities co-exist, at the time the right of action accrues, the limitation does not attach, until they are all removed. Amended Code, § 107. § 592. This title does not affect actions to enforce the payment of bills, notes, or other evidences of debt, issued by monied corporations, or issued or put in circulation as money. Amended Code, § 108. § 593. Actions against directors or stockholders of a monied corporation, or to recover a penalty or forfeiture imposed, or to enforce a liability created by law, must be brought within six years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability was created. Amended Code, § 109. § 594. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to 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; but this section does not alter the effect of any payment of principal or interest. Amended Code, § 110. § 595. This title does not extend to actions already commenced, nor does any part of it, except section 583, extend to cases where the right of action has already accrued but the statutes now in force are applicable to such cases, according to the subject of the action, and without regard to the form. TITLE III. OF THE PARTIES TO CIVIL ACTIONS. SECTION 596. Who may be parties. 597. Action to be in the name of the real party in interest. 598. Assignment of a thing in action not to prejudice a defence. 599. Executor or trustee may sue without the persons beneficially interested. 600. When married woman is party, her husband to be joined, except. 601. Wife may defend if husband refuses. 602. Infant to appear by guardian. 603. Guardian, how appointed. 604. Unmarried female may sue for her own seduction. 605. Father may sue for seduction of daughter. 606. Father may sue for death of child. 607. Wife may sue or defend if deserted. 608. Who may be joined as plaintiffs. 609. Who may be made defendants. 610. Parties united in interest, when to be joined. When one or more may sue or defend for the whole. 611. Plaintiff may sue in one action the different parties to commercial paper. 612. Action when not to abate by death, marriage, or other disability, Proceedings in such case. 613. Court when to decide controversy, or to order other parties to be brought in. 614. Another person may be substituted for defendant. § 596. The people of this state, in their political or corporate capacity, the United States of America, every sister state of the United States, every organized territory of the United States, every foreign state or sovereign prince in amity with the United States, all other corporations, foreign or domestic, and all natural persons, not alien enemies, or adjudged civilly dead, may be parties, plaintiffs, in the courts of this state; every state, sovereign, and body politic mention in this section, and every other corporation and natural person may be a party, defendant. New, for the purpose of defining who may be parties to actions in our courts. § 597. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 599. Amended Code, § 111. § 598. 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 defence 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 due. Amended Code, § 112. § 599. An executor or administrator, a trustee of an express trust, or a person expressly authorised 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. Amended Code, § 113. The last sentence is added to remove a doubt which has been expressed. § 600. When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone: 2. When the action is between herself and her hus band, she may sue or be sued alone. Amended Code, § 114. § 601. 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. See 2 R. S., 340, sections 4 & 5. There is no reason why the provision should not be extended to all actions as well as those concerning real property. § 602. When an infant is a party, he must appear by guardian, who may be appointed by the court in which the action is prosecuted, or by a judge thereof. Amended Code, § 115. § 603. The guardian must be appointed as follows: 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 some other party to the action, or 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 twenty 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. Amended Code, § 116. |