Hutton v. Murphy
New York Court of Common Pleas
Appeal from third district court. Action by John Hutton against Jeremiah C. Murphy and others to recover for injuries to personal property, occasioned by the negligence of defendants’ servant while engaged in driving a team. From a judgment rendered by a justice without a jury in favor of plaintiff, defendants appeal.
1Opinion of the CourtBischoff, J.
The summons, as it was originally issued out of the court below, and served upon him, named Murphy as the only defendant. On the return day, the justice, on motion of plaintiff’s counsel, and under objection by counsel for Murphy, directed that the summons be amended by adding, as parties defendant, the names of O’Beirne and Finn. Assuming that the justice erred with regard to the allowance of the amendment, the error was available, if at all, to the defendant Murphy only, the other defendants, subsequently added, being concededly not before the court at the time. Murphy, however, was in no…
2Cases cited8 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Dyett v. . HymanNew York Court of Appeals · 1891
- Myers v. CohnNew York Court of Common Pleas · 1893
- Roberts v. . JohnsonNew York Court of Appeals · 1874
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3Cited by10 opinions
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- Wellman v. MinerAppellate Terms of the Supreme Court of New York · 1897
- Schalscha v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897
- Milch v. Westchester Fire InsuranceNew York Court of Common Pleas · 1895
- Parker v. PaineAppellate Terms of the Supreme Court of New York · 1902
5 more not listed; retrieve them via the Exa API.