Cheseborough v. House
The Superior Court of New York City
Appeal from a judgment at Special Term, entered the 30th of December, 1854, as follows: This cause having been brought to trial at a Special Term of this court, held at the city of New York, before the Hon. Murray Hoffman, one of the justices thereof, on the issue of fact joined therein, and after hearing R. Reed, and others, of counsel for the plaintiff, and Wm.
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Appeal from a judgment at Special Term, entered the 30th of December, 1854, as follows: This cause having been brought to trial at a Special Term of this court, held at the city of New York, before the Hon. Murray Hoffman, one of the justices thereof, on the issue of fact joined therein, and after hearing R. Reed, and others, of counsel for the plaintiff, and Wm. W. Niles, of counsel for the defendants, and on due consideration by the court, it appearing, that on or about the first day of March, one thousand eight hundred and fifty-three, Caroline E. House, one of the defendants, then being a…
1Opinion of the CourtBy the Court. Hoffman, J.
The principal question in the case is one of importance and some difficulty. It is whether such a judgment as has been entered can be rendered against Mrs. House, a married woman, upon these pleadings and testimony.
But other and minor questions, necessary to be passed upon, should first be determined.
1. The point whether the cause was not tried at Special Term without a jury, irregularly and contrary to the Code, depends upon the question whether the judgment can be sustained as it stands. It is a judgment against the separate estate of a married woman, to be satisfied out of that. It must…
2Cited by2 opinions
- Rexford v. MarquisNew York Supreme Court · 1872
- McCarty v. EdwardsNew York Supreme Court · 1861