Uhlfelder v. Tamsen
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Daniel Lenobel and Jacob Cohen, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of November, 1896, reversing an order of the.
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Appeal by the petitioners, Daniel Lenobel and Jacob Cohen, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of November, 1896, reversing an order of the. General Term of the City Court of New York, in so far as such order modified an order of the Special Term of said court permitting the petitioners to come in as parties defendants, by striking therefrom the provision requiring the petitioners to give an undertaking for security of costs.
1Opinion of the Court
Rumsey, J.:
The sole question presented in this case is whether the provisions of section 452 of the Code, to the effect that where a person not a party to an action has an interest in the subject thereof or in real property, the title to which may in any manner be affected by the judgment, makes application to the court to be made a party, it must direct him to be brought in by the proper amendment, imposes upon the court an absolute duty to require such party to be brought in upon his own application when he presents the proper proof, or whether the duty of the court is so far discretionary…
2Cases cited7 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
- The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
- Johnston v. . DonvanNew York Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wall v. BeachAppellate Division of the Supreme Court of the State of New York · 1897
- Winfield v. StacomAppellate Division of the Supreme Court of the State of New York · 1899
- Van Etten v. Sphinx Holding Corp.New York Supreme Court · 1921
- Standard Sewing Machine Co. v. HeymanCity of New York Municipal Court · 1898
- Lowenstein v. ReikesNew York Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.