Hennessey v. . Paulsen
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 13,1895, wdiich reversed a judgment of the Special Term overruling plaintiff’s demurrer to the answer herein. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an interlocutory judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 13,1895, wdiich reversed a judgment of the Special Term overruling plaintiff’s demurrer to the answer herein. The nature of the action and the facts, so far as material, are stated in the opinion. The defense demurred to by plaintiff positively asserts that there is a defect of parties defendant, gives the names' of the parties who should have been joined as defendants, and states they are in the occupation and possession of the premises described in the…
1Opinion of the CourtGray, J.
This action was for ejectment on a tax lease and the complaint is, in our judgment, sufficient. The answer,- as a separate defense, alleges, “ that there is a defect of parties defendant herein, in that at the time of the commencement of this action one John Mulhall was, and now is, an occupant of a part of the premises described in the complaint, as a tenant of one Eachel Duffy, who was, and still is, the legal owner and in possession of the whole of said premises, and neither of said persons has been made party defendant herein.” To that defense the plaintiff demurred as being insufficient…
2Cited by2 opinions
- De Garmo v. PraterTennessee Supreme Court · 1911
- Glos v. PattersonIllinois Supreme Court · 1903