Jewett v. Schmidt
New York Supreme Court
Motion for final judgment upon the report of a referee made pursuant to the provisions of an interlocutory judgment which directed an accounting.
1Opinion of the CourtBischoff, J.
Closer scrutiny of the question than the conditions at the time of the original submission of this matter for final judgment permitted has persuaded me that the status toward this litigation of the persons claimed to have been omitted, as necessary parties, without whose presence as such a complete determination of the controversy cannot be had, was misconceived.
George Parbury Pollen died in 1877, leaving a last will and testament wherein he provided for his daughter Melinda P. Schmidt, one of the defendants, as follows: “ To my daughter Melinda I also give the interest or income as it…
2Cases cited7 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Reid v. VenderheydenCourt for the Trial of Impeachments and Correction of Errors · 1826
- Garr v. BrightNew York Court of Chancery · 1845
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