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…
1Opinion of the CourtDavies, J.
It is manifest from the complaint that the action in' fact was that of Demarias Ackley, in relation to her separate property, and that Warren Ackley was made a party plaintiff, solely as her husband, and a nominal party only. At the time this action was commenced, it was not as well settled as it is now that the wife, for injuries to her separate property, may maintain an action in her own name without joining her husband. He was undoubtedly made a party plaintiff, ex ábundcmte cautela, and to obviate any objection which might have been made by the defendants, that the action could not be…
2Cited by15 opinions
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- Shanahan v. City of MadisonWisconsin Supreme Court · 1883
- Mary J. v. Solon BurroughsSupreme Court of Vermont · 1889
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