Callen v. Callen

Braham, P. J. (fifty-third judicial district, specially presiding),

This is an action of ejectment and the question for decision is whether the 17 plaintiffs and tenants in common who have ap*213peared by attorney may represent not only themselves but 11 other tenants in common who have not appeared. To sustain this procedure plaintiffs cite and rely upon Rule of Civil Procedure 2230(a), which reads as follows:

“(a) If persons constituting a class are so numerous as to make it impracticable to join all as parties, any one or more of them who will adequately represent the interest of all may sue or…