Otten v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Dora Otten and Henry H. Otten, as executors and trustees under the will of Henry Otten, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of October, 1897, denying the plaintiffs’ motion to compel the defendant to accept service of a supplemental complaint.
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Appeal by the plaintiffs, Dora Otten and Henry H. Otten, as executors and trustees under the will of Henry Otten, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of October, 1897, denying the plaintiffs’ motion to compel the defendant to accept service of a supplemental complaint. The action was originally brought by the plaintiffs’ testator to restrain the maintenance and operation of the defendant’s railroad in front of premises owned by him.
1Opinion of the Court
O’Brien, J.:
The plaintiffs served a supplemental complaint which the "defendant’s attorney duly returned with a notice that allegations were ' inserted in such pleading which were not within the terms of the order granting leave to serve the supplemental complaint. Thereupon the plaintiffs moved to compel its acceptance, which motion was denied, and from the order entered thereon this appeal is taken. The original motion to serve a supplemental complaint was made oil the petition of the plaintiffs, asking for an order continuing the action and substituting the plaintiffs in place of their…
2Cited by1 opinion
- Mann v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1909