Eckerson v. Vollmer
New York Supreme Court
This action was brought to set aside a conveyance of certain real estate alleged to have been made by John P., and Samuel Fowler, to the defendant, John A. Vollmer, with intent to defraud the plaintiffs and other creditors- of Gotfried Vollmer. The summons was served on John A. Vollmer, but not on his wife.
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This action was brought to set aside a conveyance of certain real estate alleged to have been made by John P., and Samuel Fowler, to the defendant, John A. Vollmer, with intent to defraud the plaintiffs and other creditors- of Gotfried Vollmer. The summons was served on John A. Vollmer, but not on his wife. The action was tried before a referee,.and judgment was entered upon his report, setting aside the conveyance, and directing the defendants, John A. Vollmer and wife, to execute a deed of the premises to a receiver. The defendant, Magdalena, now moves to vacate the answer and all…
1Opinion of the Court
Rockwell, Justice.
There is no foundation for this motion. In an action against husband and wife, service of process on the wife, is only necessary where the proceeding is against her in respect to her separate estate, in which case the husband is only a nominal party. In other cases, the husband, upon being served, is bound to enter a joint appearance and put in a joint answer for himself and wife. (Leavitt agt. Cruger, 1 Paige, 421; 3 Chitty's Gen. Pr., 263.)
In this case, neither husband nor wife could have answered separately without being authorized to do so by the order of the court, and…
2Cases cited1 opinion
- Leavitt v. CrugerNew York Court of Chancery · 1829
3Cited by7 opinions
- Feitner v. . LewisNew York Court of Appeals · 1890
- Foote v. LathropNew York Supreme Court · 1869
- Feitner v. HoegerNew York Court of Common Pleas · 1888
- Lathrop v. HeacockNew York Supreme Court · 1871
- Janinski v. HeidelbergNew York Supreme Court · 1880
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