Knight v. Knight, 1 N.C. 120, 1 Tay. 120 (1799)

April 1799 · North Carolina Superior Court

1 N.C. 120, 1 Tay. 120

Knight versus Knight, in Equity.

A feme covert need not sue by prochem amy.

BILL by a feme covert for a separate maintainance, propter sovitiam ; to which there was a demurrer, for that it was not brought by her prochein amy.

Plummer, for the complainant,

said it had been the practice in this court to institute such suits, without a prochein amy ; that in England, the only purpose of requiring a prochein amy was, that there might be some person to answer for the costs ; yet even there, the books furnished instances of the wife suing alone. 1 Eq. C. a. 67. 1 Ch. Cas. 4. 64. But since the act of assembly in this state, requiring all persons who sue, to give security for costs before the process issues, the reason of the practice in England, even if it were uniform, does not exist here. He added that such security had been actually given.

By

The Court.

Let the demurrer be overruled, and the defendant answer.