Ackley v. . Tarbox
New York Court of Appeals
This aetioh originated in a justice’s court, and was brought to recovel’ the value of ¡a cow, the separate property of Demarias Ackley, one of the plaintiffs, and which was alleged to have been taken and converted by the defendants. In the complaint before the justice, which was in writing, it was averred, that the cow was the property of Demarias Ackley, one of the plaintiffs, and the wife of the other plaintiff Warren Ackley, who is joined in this suit as husband.
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This aetioh originated in a justice’s court, and was brought to recovel’ the value of ¡a cow, the separate property of Demarias Ackley, one of the plaintiffs, and which was alleged to have been taken and converted by the defendants. In the complaint before the justice, which was in writing, it was averred, that the cow was the property of Demarias Ackley, one of the plaintiffs, and the wife of the other plaintiff Warren Ackley, who is joined in this suit as husband. The defendants took issue, denying that Demarias Ackley was the owner of the cow; and a jury haying been empanneled, they…
1Dissent
Johnson, J. (dissenting.)
The Code (§ 114) provides that when a married woman is a party to an action her husband must be joined, except in two cases: 1. Where the action concerns her separate property; 2. Where the action is between herself and her husband. In these two cases it is provided she may sue alone without any guardian or next friend. The intent and meaning of this section of the Code, to my mind, is very plain. When the wife is a party the husband is to be joined in all kinds of actions, and whatever may be the subject of the litigation, except two, and in those two he is not to be…
2Cases cited5 opinions
- Grant v. SchoonhovenNew York Court of Chancery · 1841
- Stuart v. KissamNew York Supreme Court · 1848
- Sherman v. BurnhamNew York Supreme Court · 1849
- Alston v. JonesNew York Court of Chancery · 1848
- Smith v. KearneyThe Superior Court of New York City · 1854