Legal Opinion

Minier v. Minier

New York Supreme Court

Decided December 15, 1870PublishedCited by 14 opinions

This was an appeal by the defendant from a judgment for the plaintiff, entered on the report of a referee. The facts appear in the opinion of the court.

1Opinion of the Court

By the Court

Parker, J.

This action, which before the Code would have been called ejectment, is brought by the plaintiff against the defendant, who is her husband, to recover possession of a house and lot in the city of Elmira, together with damages for the wrongful withholding of the same.

The issues having been referred by consent of parties, the referee found for the plaintiff, and judgment was entered upon his report, from which the defendant appeals.

The principal question in the case is whether the wife can maintain such action against her husband.

Unless such right is given to her by the…

2Cases cited3 opinions

  1. Dyett v. North American Coal Co.New York Supreme Court · 1838
  2. Longendyke v. LongendykeNew York Supreme Court · 1863
  3. Freethy v. FreethyNew York Supreme Court · 1865

3Cited by14 opinions

  1. Quilty v. . BattieNew York Court of Appeals · 1892
  2. State v. LillyOhio Supreme Court · 1999
  3. Bennett v. BennettWest Virginia Supreme Court · 1892
  4. McKaig v. McKaigNew York Supreme Court · 1935
  5. Hamilton v. HamiltonWest Virginia Supreme Court · 1924

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API