Balch v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Appeal Ay the defendant, Thomas E. Kinney, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 14th day of April, 1899, denying his motion to vacate and strike out from the judgment entered in the action the following part thereof, to wit: “ II. That said mayor and clerk sign the said contract as directed by the common council of said city,” and amending the judgment accordingly.
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Appeal Ay the defendant, Thomas E. Kinney, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 14th day of April, 1899, denying his motion to vacate and strike out from the judgment entered in the action the following part thereof, to wit: “ II. That said mayor and clerk sign the said contract as directed by the common council of said city,” and amending the judgment accordingly. The plaintiff, a taxpayer, commenced the action against the city of 'Utica, Henry Stappenbeok, Thomas E. Kinney, as mayor, and…
1Opinion of the Court
Nash, J.:
The court did not acquire jurisdiction to grant affirmative relief to either of the defendants against the other. Section 521 of the Code provides: “ Where the judgment may determine the ultimate rights of two or more defendants as between themselves, a defendant who requires such a determination must demand it in his answer, and must, at least twenty days before the trial, serve a copy of his answer upon the attorney for each of the defendants to be affected by the determination, and personally, or as the court or judge may direct, upon defendants so to be- affected who have not…
2Cases cited3 opinions
- Ostrander v. . HartNew York Court of Appeals · 1892
- Edwards v. . WoodruffNew York Court of Appeals · 1882
- McGuckin v. MilbankNew York Supreme Court · 1895
3Cited by5 opinions
- Emmet v. RunyonAppellate Division of the Supreme Court of the State of New York · 1910
- New Netherland Bank v. Boucheron Co.New York Supreme Court · 1924
- Wurster v. City of New YorkNew York Supreme Court · 1908
- Wurster v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Balch v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899