Legal Opinion

Chapman v. Wolf

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904PublishedCited by 5 opinions

Appeal by the plaintiffs, Thomas C. Chapman and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of November, 1903, denying the plaintiffs’ motion to discontinue the action as against certain of the defendants, and to amend the summons and pleadings by striking therefrom the names of such defendants.

1Opinion of the Court

Ingraham, J.:

This action was brought against George Wolf (respondent), Moritz Neuman, Aaron J. Friedman and John Doe and Richard Roe, the names of “ John Doe” and Richard Roe” being fictitious, their real names being unknown to the plaintiffs. The action was replevin and was commenced by the issuance to the sheriff of the writ on the 12th day of September, 1900. From the affidavit of one of the plaintiff’s attorneys it appeared that the defendants Friedman and John Doe and Richard Roe have never been served with process; nor have they appeared in the action; that no property was taken from…

2Cited by5 opinions

  1. Cover v. WolfAppellate Division of the Supreme Court of the State of New York · 1904
  2. Erlwein v. Von GerichtenAppellate Division of the Supreme Court of the State of New York · 1959
  3. Erlwein v. Von GerichtenAppellate Division of the Supreme Court of the State of New York · 1958
  4. Frank v. WolfAppellate Division of the Supreme Court of the State of New York · 1904
  5. Gottwald v. WeilNew York Supreme Court · 1910

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