Van Sickle v. Van Sickle
New York Supreme Court
Case agreed upon and submitted. The plaintiff and defendant in this action were married on the 22d day of November, 1848. At the time of their marriage the plaintiff was possessed in her own right, of certain real and personal property.
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Case agreed upon and submitted. The plaintiff and defendant in this action were married on the 22d day of November, 1848. At the time of their marriage the plaintiff was possessed in her own right, of certain real and personal property. After their marriage the parties resided together upon the plaintiff’s lands, up to about the 1st day of April, 1849, when defendant left on account of difficulties between the parties, and remained away until about the first of July thereafter, and upon a reconciliation being had, returned to the plaintiff’s residence, and the parties again resided together…
1Opinion of the Court
By the Court-T. R. Strong, Justice.
This case comes before the court under section 372 of the Code, which declares that “ Parties to a question of difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same, to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceeding in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the…
2Cases cited1 opinion
- Orser v. StormsNew York Supreme Court · 1826
3Cited by2 opinions
- T. G. W. Realties, Inc. v. Long Island Bird Store, Inc.New York Supreme Court · 1934
- Avery v. DoaneDistrict Court, W.D. Wisconsin · 1854