Rowe v. . Smith
New York Court of Appeals
Appeal by the defendant, a married woman, from the judgment of the late General Term of the Supreme Court in the sixth judicial district, affirming (Balcom, P. J., dissenting) the judgment of the Cortland County Court, affirming the judgment of a justice of the peace for the plaintiff. The action was trespass, to recover for the straying of the defendant’s horses and cattle from her own upon the plaintiff’s ground and doing damage there.
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Appeal by the defendant, a married woman, from the judgment of the late General Term of the Supreme Court in the sixth judicial district, affirming (Balcom, P. J., dissenting) the judgment of the Cortland County Court, affirming the judgment of a justice of the peace for the plaintiff. The action was trespass, to recover for the straying of the defendant’s horses and cattle from her own upon the plaintiff’s ground and doing damage there. The answer, among other things, alleged that the defendant was a married woman, and her husband should have been joined as a party. It appeared that the…
1Opinion of the Court
Andrews J.
The determination of this appeal depends upon the construction to be given to the act of March 20th, 1860, “ concerning the rights and liabilities of husband and wife.” (Laws of 1860, ch. 90.)
It appears that the defendant after her marriage, acquired title to certain real estate in the county of Cortland, and to certain personal property, including horses and cattle, and that at the time pf the commission of the trespasses for which this action was brought, she resided with her husband and children upon the land, and the personal property was used in connection with the real estate…
2Cases cited1 opinion
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
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- Stanley v. . National Union BankNew York Court of Appeals · 1889
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- Baum v. . MullenNew York Court of Appeals · 1872
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