Ludlow v. Maddock

Saratoga Chancery Court

Ludlow v. Maddock

1 Sarat. Ch. Sent. 20, 1841 N.Y. LEXIS 300

DecidedMarch 2, 1841

StatusPublished

This text of 1 Sarat. Ch. Sent. 20 (Ludlow v. Maddock) is published on Counsel Stack Legal Research, covering Saratoga Chancery Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ludlow v. Maddock, 1 Sarat. Ch. Sent. 20, 1841 N.Y. LEXIS 300 (N.Y. Super. Ct. 1841).

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Opinion

In this case the court decided that where a bill relates exclusively to the separate estate of a wife, in which the husband has no interest, it would be a good objection, upon demurrer, that it was filed by the husband for himself and wife, instead of being filed by the next friend of the wife, either In her name only, or in connection with her trustee. That an objection of this kind, which is an objection of form merely, cannot be urged as a ground for dissolving tiie injunction; as the error may be corrected by an amendment. Application to dissolve injunction denied; costs to abide the event,

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In this case the court decided that where a bill relates exclusively to the separate estate of a wife, in which the husband has no interest, it would be a good objection, upon demurrer, that it was filed by the husband for himself and wife, instead of being filed by the next friend of the wife, either In her name only, or in connection with her trustee. That an objection of this kind, which is an objection of form merely, cannot be urged as a ground for dissolving tiie injunction; as the error may be corrected by an amendment. Application to dissolve injunction denied; costs to abide the event,

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Bluebook (online)

1 Sarat. Ch. Sent. 20, 1841 N.Y. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ludlow-v-maddock-nychanctsara-1841.