Quackenbush v. Leonard
New York Court of Chancery
This was an application on the part of the complainants to make B. Slade, who had married one of the female complainants, a party to the suit; also to make G. Webster a party defendant, by a supplemental bill; and to set aside certain proceedings, on the part of the defendants, before a master, which had taken place during the pendency of an appeal to the court for the correction of errors.
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This was an application on the part of the complainants to make B. Slade, who had married one of the female complainants, a party to the suit; also to make G. Webster a party defendant, by a supplemental bill; and to set aside certain proceedings, on the part of the defendants, before a master, which had taken place during the pendency of an appeal to the court for the correction of errors. The complainants in their petition also asked for a modification of the decree which had been made by this court, and affirmed by the court for the correction of errors on appeal, in relation to the…
1Opinion of the Court
The Chancellor.
The marriage of one of the female complainants, although after the decree in this cause, was an abatement of the suit; and it must be revived, either in favor of or against the husband, before any further proceedings can be had in the suit, except to set aside the irregular proceedings which have been had in the master’s office in the mean time. But the decree of the court for the correction of errors, affirming the decree of this court, although made after the marriage of one of the complainants, was not void; and it must be carried into effect here after the proper parties…
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