Rodgers v. . Rodgers
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1919, unanimously afiirming a judgment in favor'of defendant entered upon an order of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1919, unanimously afiirming a judgment in favor'of defendant entered upon an order of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement imposed a joint and several liability upon the defendants’ testator, and the estate of the husband was not a' necessary party defendant. (Pearce v. Edmeades, 3 Y. & C. Eq. 246; Doe v. Royal, L. R. 13 Q. B. 105; Theberath v.…
1Opinion of the CourtPound, J.
This action was begun against John C. Rodgers who died after the decision of the Appellate Division was made and has been continued against the executors of his will.
The question is whether the complaint states facts sufficient to constitute a cause of action and whether there is a defect of parties defendant. The material allegations are that plaintiff was the wife of James M. Rodgers; that she had brought an action against him in the state of New York for an absolute divorce which was pending on April 7, 1909; that she discontinued her action and resumed her relations with her husband in…
2Cases cited2 opinions
- Adams v. . AdamsNew York Court of Appeals · 1883
- Potts v. . DounceNew York Court of Appeals · 1903
3Cited by20 opinions
- Garlock v. GarlockNew York Court of Appeals · 1939
- Haas v. HaasNew York Court of Appeals · 1948
- Young v. CockmanCourt of Appeals of Maryland · 1943
- Herr v. HerrSupreme Court of New Jersey · 1953
- Rodgers v. . RodgersNew York Court of Appeals · 1923
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