Baldwin v. Kimmel
The Superior Court of New York City
Appeal from a judgment. This action was brought by Charles N. Baldwin, upon a judgment recovered in this court, in 1849, by Joshua P. Humphreys and another, against the defendants, Elizabeth C. Kimmel and Alexander F. Kimmel, for $169.45. The answer of the defendant Elizabeth consisted of a denial' of the allegations in the complaint, an averment that no summons in the original action had been served on her, and. that at the time of the alleged recovery of said judgment, she…
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Appeal from a judgment. This action was brought by Charles N. Baldwin, upon a judgment recovered in this court, in 1849, by Joshua P. Humphreys and another, against the defendants, Elizabeth C. Kimmel and Alexander F. Kimmel, for $169.45. The answer of the defendant Elizabeth consisted of a denial' of the allegations in the complaint, an averment that no summons in the original action had been served on her, and. that at the time of the alleged recovery of said judgment, she was, and still continued, a married woman, the wife of the defendant Alexander. The action was referred to Hon. Murray…
1Opinion of the Court
By the Court.—Robertson, J.
The defendant is a married woman, and the present action seems to have been brought against her, in order to obtain the benefit of the amendment of section 274 of the Code, passed in April, 1862,—whereby judgment was allowed to be given against a married woman for costs and damages, to be levied out of her separate estate,—and also that of sect. 287,—authorizing the issuing of execution against a married woman, to1 be levied out of her separate estate. These amendments, which extended the provisions passed in 1853, relative to contracts of a wife before marriage…
2Cases cited7 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Dobson v. . PearceNew York Court of Appeals · 1854
- Noyes v. ButlerNew York Supreme Court · 1849
- Person v. WarrenNew York Supreme Court · 1852
- Dickerman v. AbrahamsNew York Supreme Court · 1854
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3Cited by1 opinion
- Muser v. MillerThe Superior Court of New York City · 1883