Walker v. Swayzee
New York Court of Common Pleas
Appeal from a judgment of a justice. This action was brought by Martha Walker against Isaac Swayzee and Caroline Swayzee his wife.
1Opinion of the CourtBrady, J.
The defendant Caroline Swayzee and her husband were sued to recover damages resulting from a breach of the defendant Caroline’s agreement to repair premises rented by her to the plaintiff as her separate estate.
The judgment rendered by the justice is erroneous as to the defendant Isaac Swayzee, and must be reversed. When the action relates to the separate property of the wife, the husband ought not to be joined, (Brownson v. Gifford, 8 How. Pr. R., 395), and where the husband cannot be joined with the wife as provided by section 114 of the Code, she shall prosecute or defend by next-friend.…
2Cited by4 opinions
- Miller v. RinaldoAppellate Terms of the Supreme Court of New York · 1897
- Fisher v. GoebelSupreme Court of Missouri · 1867
- Chadwick v. WoodwardCity of New York Municipal Court · 1883
- O'Connor v. GouraudCity of New York Municipal Court · 1886