Washington Life Insurance v. Lawrence
New York Supreme Court
The plaintiff had commenced an action, which in the former chancery practice would have been a bill of inter-pleader, and he now, before the time to answer the complaint has expired, makes a motion for an order that the relief prayed for in his complaint be granted to Mm.
1Dissent
Balcom, J.,
dissenting (in part). According to section 327 of the Code, “ an appeal must be made by the service of a notice in writing on the adverse party, and on the clerk with whom’ the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof.” And the main question now presented is whether the three defendants, who have not appealed from the judgment, are to be deemed adverse parties, so as to entitle them to notice of the appeal. Their interests in the case are certainly adverse to those of the appellants. They are as much interested in…
2Cases cited2 opinions
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Hawkins v. Dutchess & Orange Steamboat Co.New York Supreme Court · 1827