Hagerty v. . Andrews
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made September 5, 1883, which affirmed an order of Special Term striking out all the averments of the complaint relating to defendants Andrews and Husted.
Read the full summary
Appeal from order of the General Term of the City Court of Brooklyn, made September 5, 1883, which affirmed an order of Special Term striking out all the averments of the complaint relating to defendants Andrews and Husted. This action was brought for the partition of certain lands, owned by plaintiffs and defendant Nichols as tenants in common. • The complaint alleged that defendants Andrews and Ilusted claim to have liens upon the premises, under and by virtue of certain certificates of sale thereof for the non-payment of taxes. The complaint asked for a determination as to the validity of…
1Opinion of the Court
Ruger, Ch. J.
The question attempted to be raised by the respondents in this proceeding was, whether, upon the facts stated in the complaint, they were properly made parties defendant in the action.
The objection went to the entire cause of action, as stated against them, and the necessary effect of a decision in their favor was to leave them in as parties to the action, but with nothing in the pleadings to indicate their connection with the subject-matter, except the allegations in the answer of their co-defendants George M. Nichols and Mary Jane, his wife, alleging the invalidity of their…
2Cited by8 opinions
- Smith v. HiltonNew York Supreme Court · 1888
- Hatch v. MatthewsNew York Supreme Court · 1895
- Bates v. ViroletAppellate Division of the Supreme Court of the State of New York · 1898
- Day v. DayAppellate Division of the Supreme Court of the State of New York · 1904
- Stewart v. BlatchleyNew York Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.