Matthews v. Noble
New York Supreme Court
Motion by one of the defendants, Josephine Noble, for an order to set aside the plaintiff’s judgment on the ground that the justice before whom the action was tried is related, within the sixth degree, to another defendant, Abbie Matthews.
1Opinion of the CourtWright, J.
This is a partition action. The defendant Matthews was served with the summons and complaint and also with a copy of the answer of the defendant Josephine Noble, but did not answer, or take any other proceeding in the case. She was, however, pecuniarily interested respecting the extent of her title, in the determination of the issues raised by the other parties.
*675Section 46 of the Code of Civil Procedure provides as follows: “ A judge shall not sit as such in, or take any part in the decision of, a cause or matter * * * if he is related by consanguinity, or affinity to any party to the…
2Cases cited3 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Matter of BinghamNew York Court of Appeals · 1891
- Jospe v. LighteAppellate Terms of the Supreme Court of New York · 1897
3Cited by5 opinions
- In re the Estate of SidmanNew York Surrogate's Court · 1935
- Elmira Realty Co. v. GibsonAppellate Division of the Supreme Court of the State of New York · 1905
- People v. Thayer, New York County Courts1908
- Elmira Realty Co. v. GibsonAppellate Division of the Supreme Court of the State of New York · 1905
- Matthews v. NobleAppellate Division of the Supreme Court of the State of New York · 1899