Draper v. Henningsen
The Superior Court of New York City
The defendant .appeals from an order made March 13, 1857. This action is'brought against husband and wife, defendants. The complaint avers, that one Hiram Cranston furnished board and necessaries, and performed labor and services, to and for the defendants, at. theit request, at the price and to -the value of $468 78, and lent and advanced to the wife, at her request, $42. . , . That the wife had, and still has and owns, in her own right and as her absolute property,…
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The defendant .appeals from an order made March 13, 1857. This action is'brought against husband and wife, defendants. The complaint avers, that one Hiram Cranston furnished board and necessaries, and performed labor and services, to and for the defendants, at. theit request, at the price and to -the value of $468 78, and lent and advanced to the wife, at her request, $42. . , . That the wife had, and still has and owns, in her own right and as her absolute property, separate and apart from her husband, personal property exceeding in amount and value the sums aforesaid, and also real estate…
1Opinion of the CourtBy the Court. Woodruff, J.
The order appealed from is supposed by the respondent to be warranted by chapter sixth, of title 12th, of the Code of Procedure, which chapter relates exclusively to the examination of parties to the action, and parties for whose immediate benefit the action is prosecuted or defended.
The first section of that chapter (viz. § 389) provides that no " action to obtain discovery under oath, in aid of the prosecution or defence of another action, shall be "allowed, nor shaH any examination of a party be had on behalf of the adverse party, except in the manner prescribed by this chapter.
Passing by,…
2Cases cited1 opinion
- Erwin v. SmallerThe Superior Court of New York City · 1849
3Cited by1 opinion
- Woods v. De FiganiereThe Superior Court of New York City · 1863