Either husband or wife may sue on behalf of the community: PROVIDED, That

     (1) When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party;

     (2) When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party.

[1972 ex.s. c 108 § 1; Code 1881 § 6; 1877 p 4 § 6; 1875 p 4 § 2; 1869 p 4 § 6; 1854 p 131 § 5; RRS § 181.]