The plaintiff in this case, by her petition filed in the District Court, does not bring herself within the rule of the statute. (Paschal’s Digest, Article 3422. See also Murphy v. Coffey, 33 Texas, 508.)

The defendant in error is a feme covert. She is apparently suing for community property, and her husband is not a party to the suit. The judgment of the District Court is reversed, and the cause dismissed without prejudice.

Reversed and dismissed.