Burr v. Burr
New York Court of Chancery
This was an application on the part of the defendant to stay the proceedings upon a decree against him pending an appeal to the court for the correction of errors. The bill was filed by the wife against her husband for a limited divorce, 'or separation from bed and board.
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This was an application on the part of the defendant to stay the proceedings upon a decree against him pending an appeal to the court for the correction of errors. The bill was filed by the wife against her husband for a limited divorce, 'or separation from bed and board. She obtained a decree of separation, and for alimony from the time of the commencement of the suit; the arrears up to the 12th of October, 1842, at the rate of $10,000 per annum, together with the costs of the suit, to be "paid immediately, and at the same rate during the natural life of the complainant, to be paid…
1Opinion of the Court
The Chancellor.
Although the statute requires a bond to the adverse party upon the appeal, the bond must be given in such form as to be valid. . And if a husband can*168not give any bond to bis wife which can be legally enforced in her name, the appeal bond must be given to her next friend, or to the register of the court, or to some other trustee, for her use and benefit. By the common law, the husband and wife are considered one person • and a bond given by the husband to the wife would be invalid, as he canpot covenant with her. (Coventry’s Coke, 112.) If a man gives a bond to a feme sole and…
2Cited by6 opinions
- Central Union Telephone Co. v. State ex rel. Board of CommissionersIndiana Supreme Court · 1887
- Fawcett v. Superior CourtWashington Supreme Court · 1896
- Cook v. DickersonThe Superior Court of New York City · 1853
- Burrall v. VanderbiltThe Superior Court of New York City · 1858
- Rice v. WhitlockNew York Court of Common Pleas · 1863
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