Fetes v. Volmer
New York Supreme Court
Appeal from special term, Erie county. Action for partition by Bartholomew Fetes against Adelaide Volmer and others. From the interlocutory judgment entered therein defendant appeals.
1Opinion of the CourtMacomber, J.
On the former appeal in this case, reported in 8 N. Y. Supp. 294, it was held that a failure to serve properly two of the necessary parties for a complete partition of the premises described-in the complaint was fatal to the interlocutory judgment, and such judgment was accordingly reversed. Since that decision, the insufficiencies in the practice have, apparently, all been supplied by proper appearances of absentees and otherwise; so' that we have before us at the present hearing only one question of moment, and that relates wholly to the merits of the action.
The right of the plaintiff to…
2Cases cited6 opinions
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
- Fetes v. VolmerNew York Supreme Court · 1889
- Hill v. . CrockfordNew York Court of Appeals · 1861
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