Fetes v. Volmer
New York Supreme Court
Appeal from judgment on report of referee. Action by Bartholomew Fetes against Adalaide Volmer and others for partition. Defendants appeal from an interlocutory judgment entered on the report of a referee, and from an order confirming such report.
1Opinion of the CourtDwight, J.
We are met at the outset of the inquiry on this appeal by a question of jurisdiction. It is objected that two of the persons named as parties defendant, both of whom were necessary parties to the action, have never been served with the summons therein, and have not appeared in the action. The complaint alleged that Peter Fetes was the owner of an undivided one-sixth part of the real estate therein described, and of which partition was sought, and that Mary Fetes, his wife, was the owner of an inchoate right of dower in the same one-sixth. Peter and Mary Fetes were non-residents of the state,…
2Cases cited3 opinions
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Smith v. . WellsNew York Court of Appeals · 1877
3Cited by4 opinions
- In re Lyons' WillNew York Supreme Court · 1893
- Kennedy v. ArthurNew York Supreme Court · 1890
- Fetes v. VolmerNew York Supreme Court · 1890
- Kennedy v. LambAppellate Division of the Supreme Court of the State of New York · 1905