Fitzgerald v. Quann
New York Supreme Court
Appeal from an order made at the Livingston Circuit setting aside a verdict in favor of the plaintiff, and dismissing the complaint as to the defendant Charles Quann, and from the judgment entered thereon. The action was brought to recover damages for slanderous words alleged to have been spoken by the wife of the respondent, Charles Quirk Quann. He and his wife were joined as defendants. The plaintiff had a verdict at the Livingston Circuit against both of the defendants.
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Appeal from an order made at the Livingston Circuit setting aside a verdict in favor of the plaintiff, and dismissing the complaint as to the defendant Charles Quann, and from the judgment entered thereon. The action was brought to recover damages for slanderous words alleged to have been spoken by the wife of the respondent, Charles Quirk Quann. He and his wife were joined as defendants. The plaintiff had a verdict at the Livingston Circuit against both of the defendants. Subsequently, on a motion made on the judge’s minutes, the verdict was set aside and the complaint dismissed as against…
1Opinion of the Court
Bradley, P. J.:
The question presented is whether the husband may or’ may not properly be joined as a defendant with his wife in an action for the tort of the latter, having no relation to her separate property. This depends upon the interpretation given to section 450 of- the Code of Civil Procedure, which provides that “ in an action or special proceeding a married woman appears, prosecutes or defends, alone or joined with other parties as if she was single. It is not necessary or proper to join her husband with her as a party in any action or special proceeding affecting her separate…
2Cases cited16 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Brown v. . ClarkNew York Court of Appeals · 1879
- Martin v. RobsonIllinois Supreme Court · 1872
- Kowing v. . ManlyNew York Court of Appeals · 1872
- Rowe v. . SmithNew York Court of Appeals · 1871
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