The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-19
Superior Conrt--Gsn~vns Term.
TWIN NH w JUuYtr.
IMPORTANT DN0fsIVs as To nAaxfsD wonF

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IMPORTANT Ds0isi0s as nAsstsD woSW.
JAN. IT. Dvcpe ogai~ss Hsu.s~gte, asA
WI. This an appeal from 40 order made AZ a
special t~m If this conrt. de"ying the right OF ~
psaiHtl6 to examine the wife hsr separate p,e
perry. tn enabe the pIaintiT to frame DON pIs.ns
ssaiod the dendso,s 10 charge the oropsrty Of We
wife wfh the Indebtedness arising from bill Of At
snge, drawn ny the husband, payable 10 the ocdsS
I'd endorsed by the wife. Tse Application is
% ny the Diainsi1 To examine the defen ants be-
msce e has been joned. The osase was argued
FORE - esp ctve counsel Mt great length. Mr..
~ tnc ckman, who appeared on behalf OF tho
Edmon Fla pitted. smoDg other matters For che
cefenee, snh the Court the folio wing poInts =.
consdersths< pination and order II for discovery
l. That this ,sn wife before judgment, which 4
0. pfop.ry ., "S ne Code, or by any laws Of thin
State .. That euoh def. nSants as 10 s~a.
exsmination OF Nv I'd after judgment hiss
perry ca" o,dy :" 1tion there returned
nnsatsfed. 3. That the me hi. com,Ls;nt 10 .
BY Law to enable party t' IN r'Jocnm,nts y sn5
:S4covery for "soGss ,.sF ed Saprons
Court Rules 3. sec. 1856. Code y mai one das.rS
Roche, ~ LeRa' Observer, l2l) & n ,.rt of the
snt csbnot he examine as witDeTN an. Va an ts;s
pisiBtiff because lss. The petition and p - S,is ,S
action do not show the requisite facts 10 al ne
= isiDif to such an examination 80 ooa,sunk 'a' ~
the ss2d section of the Coco. "a fhers b.
In the cause rs required by she Code. Sd NJ l"es
ipg has ken served or filed tChicoesser vs. IN ing
ston. Code X N. S. l0S. Baloiani Va Gr,sisA M
2 Code, X. p. 76) The plaintiff must Grss shA
that the wife has property regarded in equiiy ~
separate estate. That the debt vas inc lrrcd fsA
the benefit OF the separate estate Of the wife or
her own benefit. upon the exclusive credit OF euu6
estate. In fore the Court acquire jurisdictten -
all 10 tte matter; (2l Barb Sup Ct, p66l. ~ Tho
wife cannot be made witness pert Of the pi DIN
~ hr The parpose Of discovery or other.ises
= here abe and her husband are cOde'en iaada-
Main w. Stephens and wife Code 1852 p.5s6. note
)-becsuse the co-tisfcndant, her husband IA aoos
liable on the bill Of exchange, which. being draS1
~ himself to the order OF his wife and the endorss
by her must be regarded IN Law NJ the en- iorse
Dent Of the husbsDd--the Law presenting that 40
,ted az his agent 10 endorsing the bill OF exchange.
which forms the subject OF this acton--it beng
yell established rule OF law that fems covsrf een
pake or execute such contract or obiigs,i1.
|. This examination cannot be had, because Il y
ontxary to ,be well established rule OF common lag,
bat nether the husband nor wife can I've witnesses
ither for or Ranst each other" and that this rule
4 jaw has not been In any way repealed OF snnuiie4
" the Code Of this State.
The Court rendered rs decision this morning In
Avor az the defeOdans, affirming tho order made 9
ID cial term. and deny ing the right of the planh4
% examine the defendants, either Of them