12.040 - Deserted husband or wife as a party.
12.040 Deserted husband or wife as a party. When a husband has deserted his family, the wife may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have, and, under like circumstances, the husband shall have the same right.
[1911 CPA § 49; RL § 4991; NCL § 8548]