Harley v. Ritter
New York Court of Common Pleas
Motion to strike out answer as irregular. This was a creditor’s action, brought by the plaintiff against John Bitter, the judgment-debtor, Sarah his wife, and one Palm.
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Motion to strike out answer as irregular. This was a creditor’s action, brought by the plaintiff against John Bitter, the judgment-debtor, Sarah his wife, and one Palm. The complaint charged that Bitter conveyed certain real property to Palm without consideration, and that Palm conveyed it to Sarah Bitter, the wife, without consideration, and that the conveyances were fraudulent as against creditors; and it sought judgment setting aside the conveyances, and applying the property to payment of plaintiff’s judgment; with the usual prayer for a receiver and an injunction. All the defendants…
1Opinion of the CourtBrady, J.
It is a general rule in equity, that in a suit against husband and wife, the husband must procure the joint answer of himself and wife to be put in; and if either party wishes to answer separately, an order should be first obtained allowing it. (1 Barb., 150 ; Leavitt a. Cruger and wife, 1 Paige, 421 ; New York Chemical Company a. Flowers and wife, 6 Paige, 654 ; 1 Smith, 252.)
It is stated by Smith, however, on the same page cited, that a wife is entitled to put in an answer separately from her husband, on three grounds : 1. If the husband and wife are made defendants in right of the wife ;…
2Cases cited5 opinions
- Leavitt v. CrugerNew York Court of Chancery · 1829
- Compton v. JonesNew York Supreme Court · 1825
- Halliday v. NobleNew York Supreme Court · 1847
- New-York Chemical Co. v. FlowersNew York Court of Chancery · 1837
- Basey v. DanielIndiana Supreme Court · 1849