Genet v. Dusenbury
The Superior Court of New York City
This was an action against the defendant, as maker of a promissory note. Judgment m personam had been entered against her, for want of an answer, for $349.87, the amount of the note and interest, with costs of the action. The defendant moved to set aside the judgment for irregularity, and for other relief, on affidavits, showing that at the time she made the note she was, since has been, and still is, a married woman.
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This was an action against the defendant, as maker of a promissory note. Judgment m personam had been entered against her, for want of an answer, for $349.87, the amount of the note and interest, with costs of the action. The defendant moved to set aside the judgment for irregularity, and for other relief, on affidavits, showing that at the time she made the note she was, since has been, and still is, a married woman. The alleged irregularity consists in not having made her husband a party defendant. The motion was denied, and from the order denying it, the defendant appealed to the general…
1Opinion of the CourtBy the Court. Bosworth, J.
In King v. Jones (2 Lord Raym. 1525), it was said, that if an action against a fime covert be prosecuted against her alone to judgment, it is error, for which it may be reversed on writ of error brought by the husband. In Milner et al. v. Milnes et al. (3 Term B. 627), the Court of King’s Bench assented to the correctness of this position.
But it is said that, unless he brings error, the judgment will stand good, for the wife alone cannot bring error (Bro. Abr. Tit. Error, fol. 173, and Tit. Joinder in Action, fol. 88).
Such a case was expressly provided for by the Revised Statutes (2 R. S.…
2Cases cited1 opinion
- Morse v. EarlNew York Supreme Court · 1835
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