Draper v. Pratt
New York Supreme Court
Application for intervention by Howard Pearsall and by Mary Brown, as executrix of Daniel V. Brown, deceased, and to require the plaintiff to bring in as defendants certain creditors and others interested in the estate of Fayette Barton, deceased.
1Opinion of the CourtSpeitceb, J.
Intervention in modern practice is the proceeding taken by a person not a party by which he obtains induction into a pending action between other parties against their will.
The general powers conferred upon courts by section 723 of the Code of Civil Procedure is nothing more than a declaration of the inherent powers which this court has always' possessed; but its exercise in any particular proceeding is limited and regulated by the other provisions of the Code which have special reference to such proceeding. Thus in granting intervention, the power of the court must be exercised only in those…
2Cases cited11 opinions
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Bauer v. . DeweyNew York Court of Appeals · 1901
- Johnston v. . DonvanNew York Court of Appeals · 1887
- Uhlfelder v. TamsenAppellate Division of the Supreme Court of the State of New York · 1897
- Montague v. Jewelers & Tradesmen's Co.Appellate Division of the Supreme Court of the State of New York · 1899
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