Stephens v. Hall
New York Supreme Court
Appeal from special term, New York county. Action by Melvin Stephens against Dorothy Humphryes, Robert Lewis Humphryes, Margaret E. Humphryes, his wife, Mary Elizabeth Hall, Thomas Hall, her husband, and Matthias Trimmer. Defendant Thomas Hall moved to vacate an order striking his name from the complaint, and from an order denying such motion he appeals.
1Opinion of the CourtBrady, J.
This is an action oí foreclosure in which it is claimed that the defendant Thomas Hall was inadvertently made a party. He appeared, however, but not until after a motion had been noticed to have his name stricken from the complaint as a person having no interest in the controversy, and one against whom no claim was made. At the time, however, the motion was made, the court was advised of the appearance, not by the counsel for the plaintiffs, but by the advocate of one of the other defendants. Ho notice was taken of this, for aught that appears, and the motion was granted. This was followed,…
2Cited by3 opinions
- Angier v. HagerAppellate Division of the Supreme Court of the State of New York · 1899
- American National Bank of Providence v. GraceNew York Supreme Court · 1893
- Dewitt v. New York Central RailroadNew York Supreme Court · 1922