Rosenberg v. . Salomon
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made June 6, 1894, which affirmed an order of Special Term which granted a motion by Emanuel Wolf and Jonas Salomon to be made parties defendant in this action. This action was brought against the sheriff of Bangs county to recover possession of certain chattels levied on by him under an execution against Jonas Salomon and Emanuel Wolf.
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Appeal from order of the General Term of the City Court of Brooklyn, made June 6, 1894, which affirmed an order of Special Term which granted a motion by Emanuel Wolf and Jonas Salomon to be made parties defendant in this action. This action was brought against the sheriff of Bangs county to recover possession of certain chattels levied on by him under an execution against Jonas Salomon and Emanuel Wolf. They were not made parties, and now apply for leave to intervene as parties defendant. Further facts are stated in the opinion. There is no principle in law or practice that warrants the…
1Per curiam
We agree with the General Term in its affirmance of the order granting the application of Solomon & Wolf to intervene as parties defendant: although we put our concurrence not upon the ground of an inherent power in the court, but upon the express permission of section 452 of the Code. So much of that section as is a literal re-enactment of the old section 122 applies only to equitable actions. We so held in Chapman v. Forbes (123 N. Y. 532), but did not extend that construction to the new and added provision of section 452, which in terms permits persons not made defendants on their own…
2Cases cited2 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
3Cited by35 opinions
- Harley v. . PlantNew York Court of Appeals · 1914
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Bauer v. . DeweyNew York Court of Appeals · 1901
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
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