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Meldora v. Meldora

6 N.Y. Super. Ct. 721 4 Sandf. 721 Court N.Y. Super. Ct. Decision date 1852-03-27 English

Delivered by Duer, J.,

Contents

Majority

p. 721
Meldora v. Meldora.

Headnote

Under the code as amended in 1851, in an action for an absolute divorce against-a wife, the court cannot proceed after the service of the summons, until a next friend has been appointed to defend the suit in her behalf.
If she neglect to procure the appointment, it will be made by the court on the application of the plaintiff.
March 27, 1852.
This was an action for a divorce a vinculo, and an application was made for the usual reference, upon an affidavit that no answer or demurrer had been received, and that the defendant had not appeared.

The Justices, consulted by

who had declined to. make the order, were all of opinion that as the 114th section of the code, as amended in 1851, requires that a married woman, when she cannot be joined with her husband, shall pros’ecute or defend, by her next friend, there can be no proceeding in such a; suit against her after the service of the summons, until her next friend has been appointed; and that when the appointment has not been made upon her own application, it may be made by the court, as in the case of an infant defendant upon the application of the plaintiff.