56 F. 141 | 2d Cir. | 1892
This is a writ of error from an order of the circuit court for the southern district of New York, which over
“Tits laws of the several states, except where the constitution, treaties, oi" 'statutes of the United States otherwise require or provide, shall he regarded as rules of decision, in trials at common law, in the courts of the United States, in cases whore they apply.”
The Hew York statute is applicable to any married woman, whether alien or citizen, who becomes a plaintiff in the courts of that state. Such statutory modifications of .the common law in regard to the rights of husband and wife as plaintiffs in actions at law in the courts of a state are applicable also in the TJnited States courts for such state,.: if . not inconsistent with the laws of the.TJnited States, or with the duties which , belong to its judges and courts, -and--the powers with which they are’clothed. This state statute is.applicable in actions at common law in the courts of, fihe^United States held.within the state of Hew York.’
The order of the circuit court is affirmed.