Kline v. Ellett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Kline, from an interlocutory judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Chemung on the 28th day of July, 1914, sustaining a demurrer to the complaint.
1Concurrence
Smith, P. J.:
I concur in the result. I am unable to see how the defendant demurring is in any way interested in having the administrator of her intestate made a party to the action. (Thompson v. Richardson, Nos. 1 & 2, 74 App. Div. 62.) There is no personal property which can be affected, because upon the showing of the complaint all of the personal property would go to the plaintiff under his exemptions, and it would be impossible and out of place in this action to determine what the indebtedness was, or to order the property sold for the payment of any debts. I agree with Judge Kellogg that…
2Cases cited1 opinion
- Thompson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1902