Thompson v. Richardson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Emma A. Richardson, in bofh the above entitled actions- from interlocutory judgments, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 31st day of August, 1901 upon decisions of the court rendered after trials at the Kings County Special Term overruling demurrers to the complaints.
1Opinion of the Court
Woodward, J. :
The plaintiff seeks to foreclose a certain mortgage. The defendant Richardson demurs on the ground that there is a non-joinder of parties defendant. The rule is well established that a defendant can demur for want of parties only when he has an interest himself in another’s being made a defendant (6 Ency. of Pl. & Pr. 311; Anderton v. Wolf, 41 Hun, 571, and authorities there cited; Bauer v. Platt, 72 id. 326., 332), and, as the complaint does not show a demand for a deficiency judgment, it is difficult to understand what interest the defendant Richardson has in bringing in the…
2Cited by2 opinions
- Duffy v. ShirdenAppellate Division of the Supreme Court of the State of New York · 1910
- Kline v. EllettAppellate Division of the Supreme Court of the State of New York · 1915