Perine v. Swaine

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

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.