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Jacques v. Jacques

85 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1904-01-19 English

Contents

Majority

p. 1134
JACQUES et al., Appellants, v. JACQUES, Respondent, et al.
(Supreme Court, Appellate Division, Fourth Department.
January 19, 1904.)

Headnote

Action by Charles A. Jacques and another against Mattie A. Jacques, impleaded, etc.

Judgment and order overruling the demurrer to the second defense set forth in the answer reversed, with costs, and judgment ordered sustaining the demurrer, with costs, with leave to the respondent to plead ,-over, upon payment of the costs of the demurrer and of this appeal. Meld, that the respondent, not being a judgment creditor of her .husband, is not entitled to attack the transfer from him to his two sons of the property sought to be partitioned.