Bierschenk v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charlotte M. Bierschenk, from two interlocutory judgments of the Supreme Court in favor of the defendants) entered in the office of the clerk of the county of Kings on the 7th day of October, 1898, upon decisions of the court, rendered after a trial at the»Kings County Special Term, sustaining the demurrers interposed by the defendants to the plaintiff’s complaint, on the ground of the non-joinder of a proper and necessary party defendant.
1Opinion of the Court
Goodrich, P. J. :
The action is brought for the foreclosure of a mechanic’s lien against premises formerly owned by the defendant Thomas B. King and thereafter conveyed by him to one H. C. Bailey, .who conveyed them to the defendant Mary T. C. King, the wife of Thomas. The demurrers raise the question whether Bailey is a necessary party.
The primary object of a suit of this character is to enforce a lien against the premises.. All persons having an interest therein, and only such, are necessary parties. The complaint alleges that, after the plaintiff’s work was performed, the defendants, with…
2Cases cited4 opinions
- Buffington v. HarveySupreme Court of the United States · 1877
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Fox v. . MoyerNew York Court of Appeals · 1873
- Spicer v. HunterNew York Supreme Court · 1861
3Cited by4 opinions
- Cook v. LakeAppellate Division of the Supreme Court of the State of New York · 1900
- Admiral Transit Mix Corp. v. Sagg-Bridgehampton Corp.New York Supreme Court · 1968
- Cullen v. WalshAppellate Division of the Supreme Court of the State of New York · 1917
- Lathrop, Shea & Henwood Co. v. ByrneAppellate Division of the Supreme Court of the State of New York · 1906