Johnston v. . Donvan
New York Court of Appeals
Appeal by Silas J. and James Y. Donvan from order of the General Term of the Supreme Court in the first judicial department, made January 22, 1887, which affirmed orders-of Special Term denying the application of said appellants to-be made parties defendant herein. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtAndrews, J.
The petition of Silas J. Donvan and James V. Donvan to be made parties defendant was denied on the merits. We think it should have been granted. Section 452 of the Code of Civil Procedure declares that “ where a person not a party to the 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, and makes .application to the court to be made a party, it must direct him to be brought in by the proper amendment.” The action was for the foreclosure of a mortgage on real property executed by Thomas F. Donvan, one of the…
2Cited by12 opinions
- Harley v. . PlantNew York Court of Appeals · 1914
- In re the Judicial Settlement of the Accounts of St. JohnAppellate Division of the Supreme Court of the State of New York · 1905
- Griswold v. CaldwellNew York Court of Common Pleas · 1895
- Uhlfelder v. TamsenAppellate Division of the Supreme Court of the State of New York · 1897
- Christman v. ThatcherNew York Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.