Horan v. Bruning
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Horan, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of April, 1906, vacating an order entered in said clerk’s office on the 6th day of April, 1906, which granted leave to the plaintiff to serve .a supplemental summons and complaint upon the respondent.
1Opinion of the Court
Houghton, J.:
The action is in negligence for personal injuries, and was originally-brought against the defendant Anderson alone and issue joined by service of an answer by him. Thereafter the plaintiff learned facts which led him to believe that the respondent Bruning was also guilty of some act which led to the accident, and, without notice to him, he obtained an order making him a party defendant, with leave to serve a supplemental summons and complaint upon him. Bruning appeared specially and moved to set aside such -order on the ground that the court had no authority to make it, which…
2Cases cited7 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Bauer v. . DeweyNew York Court of Appeals · 1901
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by4 opinions
- Fedden v. Brooklyn Eastern District TerminalAppellate Division of the Supreme Court of the State of New York · 1923
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- Gittleman v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1907
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907