Schenectady Railway Co. v. Lyon
New York Supreme Court
Proceedings brought under the Condemnation Law, to acquire certain parcels of real estate owned by the defendants in severalty. The property is in no way devoted to public uses, and the rights and interests of the respective owners are not in any way held in common.
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Proceedings brought under the Condemnation Law, to acquire certain parcels of real estate owned by the defendants in severalty. The property is in no way devoted to public uses, and the rights and interests of the respective owners are not in any way held in common. Some of the defendants made default; others appeared and consented that judgment for condemnation be taken; others appeared and objected to the jurisdiction of the court; and others made answer as provided by section 3365 of the Code of Civil Procedure. All of the answering defendants did not, appear by the same attorney, but the…
1Opinion of the CourtSpencer, J.
It is a familiar rule in actions in this court that, where several defendants appear and answer by the same attorney, and judgment is rendered in their favor, but one bill of costs is allowed. This goes upon the presumption that the claim or claims made by the plaintiff have application to all the defendants, and that the latter have a joint interest in defeating the same. But where it is made to appear that such is not the case, and that the defenses of the several defendants were not substantially the same, and that each of such defenses required a separate answer and different proof, it is…
2Cases cited4 opinions
- In re the Prospect Park & Coney Island RailroadNew York Court of Appeals · 1876
- Lyman v. Young Men's Cosmopolitan ClubAppellate Division of the Supreme Court of the State of New York · 1899
- In Re the Brooklyn Union Elevated RailroadNew York Court of Appeals · 1903
- City of Syracuse v. BenedictNew York Supreme Court · 1895
3Cited by1 opinion
- Dexter & Northern Railroad v. FosterAppellate Division of the Supreme Court of the State of New York · 1911