Page:United States Statutes at Large Volume 76A.djvu/381

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–285–

-285CHAPTER 5—PARTIES Sec

121. Assignment of thing in action not to prejudice defense. 122. Married woman as party. 123. Defense by married woman. 124. Seduction; action by unmarried female. 125. Same; action by parents. 126. Actions for wrongful death. 127. Substitution of parties. 128. Actions by or against associates under common name; service; Judgment. 129. Suing party by fictitious name. 130. Interpleader. § 121. Assignment of thing in action not to prejudice defense I n the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff 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. § 122. Married woman as party A married woman may be sued without her husband's being joined as a party, and may sue without her husband's being joined as a party in all actions, including those for injury to her person, libel, slander, false imprisonment, or malicious prosecution, or for the recovery of her earnmgs. § 123. Defense by married woman If a husband and wife are sued together, the wife may defend for her own right, and if the husband neglects to defend, she may defend for his right also. § 124. Seduction; action by unmarried female An unmarried female may maintain, as plaintiff, an action for her own seduction occurring at a time when sne was below the age of 21 years or when she was incapable of giving legal consent through temporary or permanent unsoundness of mind, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor. § 125. Same; action by parents (a) An action for the seduction of an unmarried female occurring at a time when she was below the age of 21 years or when she was incapable of giving legal consent through temporary or permanent unsoundness of mind may be maintained by: (1) the parent entitled to the services and earnings of the female; or (2) if both parents are equally entitled to the services and earnings, the father, or upon his failure to act, the mother; or (3) if the female is illegitimate, the mother. (b) I n an action brought pursuant to this section every element of damages to either parent may be recovered. The action may be maintained even though the child is not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there is no loss of service. § 126. Actions for wrongful death (a) Whenever, by an injuiy done or happening within the Canal Zone, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect or default is such as will, if death does not ensue, entitle the person injured, or if the person injured is a married woman, entitle her or her husband,