Hastings v. McKinley
New York Court of Appeals
The respondent in this cause since the filing of the return in this court has died. His executrix now applies to be made a party to the appeal and it is objected, 1. That this application must be made in the court below, &c. 2. That it does not appear that respondent’s death has occurred within one year and so relief can be had only on supplemental complaint.
1Opinion of the Court
By the Court, Johnson, J.
This court having jurisdiction to review the judgment below and having obtained possession of the cause, must in the nature of things possess all such powers as are necessary to render that jurisdiction effectual. Among other powers thus necessary is that of determining what parties ought to be before the court, and in case of any defect arising after jurisdiction is acquired, of remedying that defect; section 121 of the Code seems not to have been intended to apply in terms to this court, for it is difficult to see Jiow in any case a supplemental complaint could be…
2Cases cited1 opinion
- Rogers v. PatersonNew York Court of Chancery · 1834
3Cited by7 opinions
- Downer v. HowardWisconsin Supreme Court · 1878
- MacLean v. HartAppellate Division of the Supreme Court of the State of New York · 1933
- Warren v. EddyNew York Supreme Court · 1860
- Trampusch v. KastnerAppellate Division of the Supreme Court of the State of New York · 1935
- Skinner v. HannanNew York Supreme Court · 1894
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