Perine v. Swaine

New York Court of Chancery

Perine v. Swaine

1 Johns. Ch. 24, 1814 N.Y. LEXIS 203, 1814 N.Y. Misc. LEXIS 5

CourtNew York Court of Chancery

DecidedMay 16, 1814

StatusPublished

Cited by2 cases

This text of 1 Johns. Ch. 24 (Perine v. Swaine) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Perine v. Swaine, 1 Johns. Ch. 24, 1814 N.Y. LEXIS 203, 1814 N.Y. Misc. LEXIS 5 (N.Y. 1814).

Pincite

Opinion

The Chancellor.

The rule is well settled, that the wife cannot answer, separately, without leave or order of the court. The husband is; her legal guardian and protector and if there were reasons for her answering separately, they ought to have been made known to the court, that it might judge of their force. Here is no evidence of the previous consent of the husband to the answer, and the rule is well calculated to prevent the wife from being misled.

Motion granted.

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The Chancellor.

The rule is well settled, that the wife cannot answer, separately, without leave or order of the court. The husband is; her legal guardian and protector and if there were reasons for her answering separately, they ought to have been made known to the court, that it might judge of their force. Here is no evidence of the previous consent of the husband to the answer, and the rule is well calculated to prevent the wife from being misled.

Motion granted.

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Bluebook (online)

1 Johns. Ch. 24, 1814 N.Y. LEXIS 203, 1814 N.Y. Misc. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perine-v-swaine-nychanct-1814.

Opinion

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