Legal Opinion

Smith v. Kearney

The Superior Court of New York City

Decided April 15, 1854PublishedCited by 1 opinion

This was a motion on the part of the defendants to set aside the appointment of Edward Smith, as next friend of the plaintiff, on the grounds that he was her husband, and that no order had- been made for his appointment.

1Opinion of the Court

Hoffman, Justice.

This suit is brought to recover certain property seized by the defendant, Staniels, upon an execution issued on a judgment in favor of the other defendant, Kearney, against Edward Smith, the next friend in the complaint. The plaintiff Cynthia, his wife, claims the property; and having taken it upon claim and delivery, the undertaking to the sheriff has been given and perfected. It is now objected that the husband cannot be a next friend, that no order appointing him as such has ever been entered, and that he is wholly irresponsible. Some uncertainty prevails as to the…

2Cases cited2 opinions

  1. Bowers v. SmithNew York Court of Chancery · 1843
  2. Grant v. SchoonhovenNew York Court of Chancery · 1841

3Cited by1 opinion

  1. Ackley v. . TarboxNew York Court of Appeals · 1864

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