Wood v. . Swift
New York Court of Appeals
Appeal from order of' the General Term of the Supreme Oourt, in the first judicial department; affirming an order of Special Term, the material portion of which is hereinafter stated.
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Appeal from order of' the General Term of the Supreme Oourt, in the first judicial department; affirming an order of Special Term, the material portion of which is hereinafter stated. This action «was brought by attachment creditors and the sheriff jointly, under sections 677 and 678 of the Oode of Civil Procedure, to enforce a levy by virtue of the attachment upon a policy of life insurance,' issued by defendant, The Equitable Life Assurance Society, upon the life of Alvin May, which plaintiff claimed had been assigned by the insured to the attachment debtors. The matter was referred to a…
1Opinion of the CourtEarl, J.
At the time the order appealed from was made, this action had been pending and at issue between the plaintiffs and other defendants for a long time. It had been referred to a referee for determination, and he had taken much evidence, and the cause had been finally submitted to him on the merits for decision. While the case was in this position, the motion which resulted in this order Avas made.
It is conceded by appellant’s counsel that the court had the power, under section 452 of the Code, to bring in the appellant and the other persons as parties defendant to the action. But, even if it…
2Cited by10 opinions
- Boller v. BollerAppellate Division of the Supreme Court of the State of New York · 1906
- Uhlfelder v. TamsenAppellate Division of the Supreme Court of the State of New York · 1897
- Curtis v. WilliamsAppellate Court of Illinois · 1890
- Lange v. BraynardCalifornia Supreme Court · 1894
- Brown v. ZacharySupreme Court of Iowa · 1897
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