husband, she may sue or be sued alone. (a) [Amendment, approved March 30, 1868; 1867-8; took effect immediately.

[3 Cal. 312; 15 Cal. 308; 19 Cal. 128; 22 Cal. 457; 26 Cal. 435; 30 Cal. 401; 31 Cal. 333.]

Defense by wife.

§ 8.* If a husband and wife be sued together, the wife may defend for her own right.

[5 Cal. 387; 9 Cal. 315.]

Infant to appear by guardian.

§ 9.* When an infant is a party he shall appear by guardian, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or a county judge.

[19 Cal. 210, 629; 31 Cal. 274; 32 Cal. 111.]

Guardian, how appointed.

*

$10. The guardian shall be appointed as follows:

First. 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.

Second. 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.

* Applicable tc justices' courts, see 533.

(a) The original section was the same except that it did not contain the words "or her right or claim to the homestead property."

Action for injury or death of child.

§ 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.

[25 Cal. 434.

See also, as bearing upon the subject of actions for causing death, "An Act requiring compensation for causing death by wrongful act, neglect or default," approved April 26, 1862, 447; Hittell's Gen. Laws, 2325.]

Who to be plaintiffs.

§ 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 act.

Who to be defendants.

§ 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 question involved therein.

[8 Cal. 514; 9 Cal. 268; 22 Cal. 200; 30 Cal. 401, 586; 31 Cal. 420.]

Who to be joined as parties.

§ 14. Of the parties to the action, those who are united in interest shall be joined as plaintiffs, or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many

Applicable to justices' courts, see 533.

persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.

[6 Cal. 506; 7 Cal. 330; 27 Cal. 50.

In regard to suits by or against tenants in common, joint tenants, or coparceners, see post, 689.]

Several parties may be sued in one action.

§ 15.* Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff.

[24 Cal. 379; 25 Cal. 520; 29 Cal. 429; 32 Cal. 574.]

Death of party, or transfer of interest.

§ 16.* An action shall not abate by the death, or other disability of a party; or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death, or other disability of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party; or the court may allow the person to whom the transfer is made, to be substituted in the action.

[29 Cal. 359, 444; 30 Cal. 467; 31 Cal. 333; 32 Cal. 493.

As to effect of death or transfer of interest on cross demand, see post, 43.

As to alienation of person in possession of real property, see post, 263.]

Determination of controversy. Bringing in new parties. § 17. The court may determine any controversy between

* Applicable to justices' courts, see 533.

parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in.

[5 Cal. 281; 9 Cal. 96; 22 Cal. 200; 27 Cal. 329; 30 Cal 490.]

TITLE II.

OF THE PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for real property.

§18. Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this act :

First. For the recovery of real property, or of an estate, or interest, therein, or for the determination, in any form, of such right, or interest, and for injuries to real property.

Second. For the partition of real property.

Third. For the foreclosure of a mortgage of real property. Provided, that where such real property is situate partly in one county and partly in another, the plaintiff may select either of said counties, and the county so selected shall be the proper county for the trial of any, or all, of such actions as are mentioned in the first, second, and third, subdivisions of this section. (a) [Amendment, approved May 17, 1861, 494; took effect from passage.

[5 Cal. 461; 13 Cal. 321: 15 Cal. 221; 16 Cal. 432.]

(a) The original section was the same as the text, except that it did not contain the proviso.

Actions for penalties, etc., or against officers.

$ 19. Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial:

First. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed.

Second. Against a public officer or person especially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, does anything touching the duties of such officer. [9 Cal. 420.]

Other actions. Residence of defendant.

§ 20. In all other cases, the action shall be tried in the county in which the defendants, or any one of them, may reside at the commencement of the action; or, if none of the defendants reside in the State, or, if residing in this State, the county in which they so reside be unknown to the plaintiff, the same may be tried in any county which the plaintiff' may designate in his complaint; and, if any defendant or defendants may be about to depart from the State, such action may be tried in any county where either of the parties may reside or service be had; subject, however, to the power of the court to change the place of trial as provided in this act. (a)

(a) Original section:

$ 20. In all other cases, the action shall be tried in the county in