Legal Opinion

Chapman v. Lemon

New York Supreme Court

Decided March 15, 1855PublishedCited by 5 opinions

Motion to set aside judgment, &c. The complaint alleges, that in 1853, the plaintiffs sold goods to the defendant, Susan A. Lemon, and performed labor, &c., for her to the amount of .$161; and that she promised to pay therefor out of her separate property, and did appoint the same to be paid out of her separate estate; and the plaintiffs claimed judgment for the amount stated, with interest, to be collected out of the separate property of the defendant, Susan A. Lemon.

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Motion to set aside judgment, &c. The complaint alleges, that in 1853, the plaintiffs sold goods to the defendant, Susan A. Lemon, and performed labor, &c., for her to the amount of .$161; and that she promised to pay therefor out of her separate property, and did appoint the same to be paid out of her separate estate; and the plaintiffs claimed judgment for the amount stated, with interest, to be collected out of the separate property of the defendant, Susan A. Lemon. The summons and co'mplaint were served personally on the wife, and on the husband by publication. .The defendants having…

1Opinion of the Court

Harris, Justice.

At the common law the disability of co*238verture was removed, when the husband was exiled or had ah»jured the realm. The wife thereby became capable of suing and being sued as a feme sole. (2 Kent’s Com. 154.)

In this country it has been held, that where a husband absolutely deserts his wife, and renounces his marital rights and duties, and leaves the state, the wife may be regarded as a feme sole. In Abbot agt. Bayley, (6 Pick. 89,) it was held, that a residence in another state was equivalent to a residence in any foreign state. But before the wife can be treated as a feme sole,…

2Cases cited1 opinion

  1. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839

3Cited by5 opinions

  1. In Re the Will of LindewallNew York Court of Appeals · 1942
  2. Coon v. BrookNew York Supreme Court · 1856
  3. Finley v. . SaundersSupreme Court of North Carolina · 1887
  4. Osborn v. NelsonNew York Supreme Court · 1871
  5. Mayhugh v. RosenthalOhio Superior Court, Cincinnati · 1871

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