The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-30

Suit BY his Supposed Wife for Services
and Labor.
sUPRln coURr-aKNxRAL TERM.
Before Hon. Judges Davies, Sutherland and Oerke.
Elisa Ann Crcpsey Peter b. Sloeensy, Public Admin
isrdtorThis action brought 70 $40 600 for
services rendered by plaintiff for James Rdgway in his
lifetime while plaintiff standing In the supposed rea.
ton Of wife, II appears that the marriage ceremony
solemnized between plaintiff and James Rdgway In 1921,
plaintiff believing that they lawfully married In
September, earlier in the same year. CNharine Ridgway
commenced an action for divorce against James Rdgw.
He married 10 her in 1912, and her name then was
Catharne Dob and in 1916 he separated from her. In
June, 1922 decree entered dssovng the marriage
In 1923 the marriage ceremony was again soemnzed be-
tween plaintiff and James Rdgway, she believing that
he WAS competent to contract marriage. James Ridg
was worth about 81 600 and at the time Of his death
he had amsssed $4,000 She claims that IL was par
enabled 70 accumulate Tue fortune There were twelve
children by the marriage eight OF whom are now living
Prior 70 his marriage with Catharns Dob he AID once
child, Eliza Ann, and grand child George W. Rdg way
surviving issue Of his deceased son Joseph ths ssue OF
his frat marriage and grandohd The cole surviving
issue or daughter by his Second msrrisee csim to be
the only lawful heirs to James Rdg way Tue defendant
demurred 70 the complaint, and AFTER the Augment q.
special term the demurrer overruled Defendant
pealed 70 the general err sndhs order of special term
was reversed and judgment for defendant was given on
the demurrer Ihe folio wing the opinion OF the Court
SUTHERLAND Unless the CODE by aboIshlug tue dis
tnction between actions Ct law and suits in equity the
forms Of such aons and suits and OF peadnss thereto
fore existing, intended to initiate and initiated
principles Of law by which class Of rights and Of wrocgs
not before the proper subjects o. Judicial Investigation S,d
remedy can now be judclsy investigated and needed,
the facts stated In the pAn complaint 10 this action do
not constitute Of action aud the demurrer OF the
defendant 70 that complaint s well taken am not
that any has claimed for the oode or chsrzet
against the CODE, mission or purpose 10 bois novel,
sweeping and dangerous canno! be supposed tas t1e
abolition In words OF the distinction between actions q.
law and suits IN equity by tho code intended to break
up the well settled Fundamental principles OF limits Of
common law and equitable jurisdiction and open 70 courts
proper subjects Of judicial discretion cla,e OF moral
wrongs or misfortuues not before the Legitimate subjects
Of legal or equitable investigation or redress Nor
be supposed that the abolition Of the ferns of
Intended TO create or justify novel and unprecedented
causes Of action Although the form OF the action Of
yet the Obligation Of couracls and the distinction bet xeen
IN express and an implied assumpsit remain, aud
notwithstanding the code In large class Of cases
now az before the code, IL is only on the theory OF
implied assumpst entered from the conduos situa
ton mutual relations Of the parties the. justice bs
enforced and the performance OF legal duty oclled
II no longer necessary, and perhaps proper in
such case, for the plaintiff 10 aege 10 h complaint Kny
promise on the part OF the defendant but he state
facts, which true, according to well settled principles
OF Law, would have Authorized him to aege and the
to infer promise tho part o. the defendant before the
code Tho fora Of assumpsit logger necessary nor
perhaps even proper IN such case bu; fac,s sufficient
70 raise II and TO put on paper were Is ll vu 10 do 80,
are still necessary foows from VIA. has been saId
that the principal question rsset oy the demurrer In this
case there being express promise pretended Al
legged in the complaint, wnsthsr the Ia ,es promise
from the facts thereio stated The action for services
rendered by the plaintiff for James Rdg way 10 his life
time, while the plaintiff standing in rea
ton OF wife hhaegtd in the complaint that the marriage
ceremony was eolemnzed In due form OF law bst~een
the plaintiff and James Nigwsy 10 1921, she believing
that they lawfully married and living and cohabli-
TENDER 1921 proceedings instituted ia the Court Of
hancry Of this sae against James Rdsway for divorce
BY C.snsIne Rdg rsy to whom he had been ma married
from whom he had separated 10 1916 that ABOUT the
18th day OF june 1922 decree was made dssovng the
marriage between the said Caharine and James that
about the summer Of 1925 the marriage nooy was
again solemnzed In due form OF law between the said
plaintiff and the said James Rdsw that before aud at
the time OF the ceremony OF marriage Ia 1925 tbs paof
was Informed and believed that the said James Rdgway
was competent 70 contract marriage with the plaintiff,
valid until after the death Of James Rdgvay thai from
the time or the hrrt marriage ceremony Until Jane.
James lived and cohabned together ~ husband and
wife, and were known aud repused Is sucs tha
u the time Of the first marriage ceremony, James Ridg
ceeding 81 900 in value tina, the plaintiff In addition TO
her ordinary household duties and the usual and
management Of the domestic affairs Of James AagwAy,
ana 70 procure the means Of defrsyng the household
expenses, and In the condu and management Of the
said James successful In his business aud
fortune, which At the tms Of bis death amounted 70
vsd md ohsSsd w Js%ss RSs~sy :Ss he
tire management Of his domestic affairs, and lab,red by
industry economy, caro- and attention 10 her dut es 70
promote bis interests and success and TIA. owing
10 her efforts that he enabled 70 accumulate much
property that during the period she bore unto him
r pSs
had been married. aud had issue by both marriages.
thai child, Eliza Ann wife OF yersmiah Rowland, and
Of h deceased son Joseph the issue o. bis rst mssrsxe
and one andchd the sole surviving issue os daughter
.nS snea nsr
claims that the services rendered by her 70 James Rdg
way In and about the management Of BIS household Affairs
and otherwise 10 the complaint set forth, render
ed at his reques and were reasonably worth and
demands judgment for that with interest from No
yember 81 ls&7 Is not alleged In the compliant that
James Rldgwy In hh lifetime ever knew or Supposed
after the last marriage ceremony that the plaintiff was
not bis lawful wi:e nor alleged that when his lrst
knew that his wife CAtharino living and he I'M
able 70 contract legal marriage with the plaintiff No
doubt from the time Of the nrst marriage cere:
mory 10 the institution OF the suit FOR divorce, ard
from the time o. the second marriage ceremony until
his death, James RSgssy sad The p,aiatd both
he lived and died suppoerg The plaintiff HIS Ia vful
wife. Nov after hE dcsv, upon The Assumption thS hs
:or.c,ed nsI's: was 20! legal, vii ~ Il. Psrns Is
and wife into the reson q Muster aat servant aud thus
MGR CT imply promise q The part OF James RigSa Ia
plArrn 70 receive pay for he services rendered by
r'auun vhiie 30 s.xndSg 10 the supposei relation "
kusbsud and vnef The very ground upJo which the
plaintiffs case appeals 20 strongly N Tho tympubcs o.
The Court, os bids sry such c q, inference impicl
ton. Her story mo doubt trulhfu) 81 her ioog 10
voted, faithful love and s0vcss wife and mother,
will mol permit us to say thai she legally entitled " re-
eeive pay for those services servant, Troc the ss
viii not presume has work labor performed ~ ser
want lsb1rer voluntary aud performed without
any view compensation, but the lag cannot presume
that the domestic and household york aod services Of
wife for husband percr med with The vie 10 pay
Q servant or laborer. The lsw would do injustice 10
the plaintiff herself BY Imply ing promise 70 her - pay
for these SERVICES and respect Tor the plaintiff herself
well 90 for the law compcIs 70 infer and hold that
these services we're performed, not serva6t with
view 10 pay, but from higher and boiler motives, and
thus therefore, her oompaint docs not consulate aoy
OF acton The or Ter of the special term ovefru
ing the dsmurrer mus be reversed and the def ncsnt
musi have Judgment on the demurrer.
UnItsd States Commissioners Court.
Before Joseph Brigham, Esq
THE CHARGE OF srKALIrG LurrERs AND COUPONS