Clark v. Aldrich
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bruce S. Aldrich, from a judgment of the County Court of the county of Onondaga in favor of the plañir tiffs, entered in the office of the clerk of the county of Onondaga on the 19th day o.f July, 1895, upon the verdict of a jury rendered after a trial at the Onondaga County Court, and also from an order entered in said clerk’s office on the 17th day of April, 1895, denying the defendant’s motion for a new trial .made upon the minutes.
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Appeal by the defendant, Bruce S. Aldrich, from a judgment of the County Court of the county of Onondaga in favor of the plañir tiffs, entered in the office of the clerk of the county of Onondaga on the 19th day o.f July, 1895, upon the verdict of a jury rendered after a trial at the Onondaga County Court, and also from an order entered in said clerk’s office on the 17th day of April, 1895, denying the defendant’s motion for a new trial .made upon the minutes. " This'action was begun July 21, 1894, in a Justice’s Court. The pleadings were as follows: Complaint.— “ Plaintiffs complained for…
1Opinion of the Court
Follett, J.:
The unassigned dower right of Almena Brand in the leased premises was extinguished by her death, which occurred May 13, 1892, and her administratrix has no interest in the rent sought to be recovered in this action, and she is an unnecessary party plaintiff,, but the objection Was not sufficiently raised by the answer. The defendants should have pointed out specifically the defect relied on, that the administratrix was improperly joined as a party plaintiff (Berney V. Drexel, 33 Hun, 419), and, not having done so, the objection is waived.
The defendant cannot dispute the title of…
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