Uhlfelder v. Tamsen
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from an order of the General Term of the City Court, modifying an order of the Special Term, by striking therefrom a provision requiring the giving of an undertaking as a condition of allowing parties to intervene as defendants under section 452 of the Code of Civil Procedure.'
1Opinion of the CourtDaly, P. J.
The plaintiffs commenced this action to recover, from the shériff certain goods levied upon under execution, claiming such goods to be their property, and thereupon the debtors in the execution applied to the court to intervene as parties defendant under the provision of the Code, “ where a person not a party to the action has an interest in the subject thereof, or in real property, the title to which may in any manner be affected by the judgment, and makes application to the court to be made a party, it must direct him to be brought in by the proper amendment.”
The application of the judgment…
2Cases cited7 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Eaton v. AlgerNew York Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Herzog v. TamsenCity of New York Municipal Court · 1898
- Menke v. TamsenCity of New York Municipal Court · 1898