Paddock v. Wells
New York Court of Chancery
This was an appeal, from an order of the late vice chancel; lor of the fifth circuit, denying the complainant’s motion for the appointment of a receiver, upon a creditor’s bill, on the ground that the vice chancellor was not authorized to hear and decide the motion. An application had been made to the chancellor, founded upon an affidayit that the defendant was the widow of a second cousin of the. vice chancellor,of the circuit in which this suit was pending.
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This was an appeal, from an order of the late vice chancel; lor of the fifth circuit, denying the complainant’s motion for the appointment of a receiver, upon a creditor’s bill, on the ground that the vice chancellor was not authorized to hear and decide the motion. An application had been made to the chancellor, founded upon an affidayit that the defendant was the widow of a second cousin of the. vice chancellor,of the circuit in which this suit was pending. The chancellor thought there was not such a relationship existing between the defendant and the vice chancellor as to incapacitate the…
1Opinion of the Court
The Chancellor.
By the common law, it is a good cause of challenge to a juror, that he is of kin to either of the parties, by consanguinity or affinity, within the ninth degree. (2 Black. Com. 363. Cary's Law of Juries, 89. Finch's Law, 401.) Affinity properly means the tie which arises from marriage betwixt the husband and the blood relatives of the wife, and between the wife and the blood relatives of the husband. Consequently, while the marriage tie remains unbroken, the blood relatives of the wife stand in the same degree of affinity to the husband as they do in consanguinity to her. Thus…
2Cases cited2 opinions
- Edwards v. RussellNew York Supreme Court · 1839
- Carman v. NewellCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by12 opinions
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- Bigelow v. SpragueMassachusetts Supreme Judicial Court · 1886
- Criminal Injuries Compensation Board v. RemsonCourt of Appeals of Maryland · 1978
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- Zimmerer v. Prudential Insurance Co. of AmericaNebraska Supreme Court · 1948
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