Wall v. Beach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Merton L. Beach, from so much of an order of the Supreme Court,, made at the Madison Special Term and entered in the office of the cleric of the county of Madison on the 4th day of May, 1897, as imposes certain terms as a condition of permitting him to intervene in the action.
1Opinion of the Court
Herrick, J. :
■ The appellant contends that, under the provisions of section 452 of the Code of Civil Procedure, his right to be brought in as a party defendant .to the action is absolute, and that the court has no power to impose any terms as conditions to his being made a party.
That portion of the section providing that a person who has an interest in the subject of an action, or in real property, the title' to> which may be affected by the judgment therein, mast upon application be made a party to the action,, has frequently been considered by the court.
In Uhlfelder v. Tamsen (15 App. Div.…
2Cases cited1 opinion
- Uhlfelder v. TamsenAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
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- Draper v. PrattNew York Supreme Court · 1904
- Duffy v. VogelAppellate Division of the Supreme Court of the State of New York · 2007
- Flamm v. PerryAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Noel v. O'DellAppellate Division of the Supreme Court of the State of New York · 1920