Flamm v. Perry
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eliza J. Flamm, and by the defendant, Charles F. Mills, from an order of the Supreme Court, made at the Kings County Special Term, and entered in the office of the clerk of the county of Kings on the 25th day of October, 1902, granting a motion made by Samuel W. Horthridge to be made a party defendant.
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Appeal by the plaintiff, Eliza J. Flamm, and by the defendant, Charles F. Mills, from an order of the Supreme Court, made at the Kings County Special Term, and entered in the office of the clerk of the county of Kings on the 25th day of October, 1902, granting a motion made by Samuel W. Horthridge to be made a party defendant. This is an action for partition begun in 1899. Horthridge, in June and July, 1901, became a judgment creditor of the defendant Wilkins and her successor in interest, Perry. His liens were proved before the referee to ascertain liens, and were allowed. The action…
1Opinion of the Court
Jenks, J.:
The right to move herein was not limited to a party to the action, hut any party in interest who was legitimately prejudiced by the judgment or by the proceeding thereunder might appeal to the discretion of the court. (Matter of Fuller v. Brown, 35 Hun, 162; Gould v. Mortimer, 26 How. Pr. 167, 168; American Ins. Company v. Oakley, 9 Paige, 259; United States Trust Co. v. N. Y., etc., Ry. Co., 6 Civ. Proc. Rep. 90, 94; De Betz's Petition, 9 Abb. N. C. 246, 252; Hackley v. Draper, 60 N. Y. 88; Goodell v. Harrington, 76 id. 547, 549.) But in this case the party in interest did not…
2Cases cited6 opinions
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Hackley v. . DraperNew York Court of Appeals · 1875
- Deen v. . MilneNew York Court of Appeals · 1889
- Gould v. MortimerNew York Supreme Court · 1863
- Wall v. BeachAppellate Division of the Supreme Court of the State of New York · 1897
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