Miller v. Salt Springs National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Oneida county. Action by Henry W. Miller and others against the Salt Springs National Bank and others, impleaded, etc. From an order denying a motion to strike out an amended answer filed without leave five years after issue joined, defendants appeal.
1Per curiam
This action and one in which Edward P. Bates was plaintiff were commenced in 1892 to foreclose certain mechanics’ liens upon the Masonic Home, near Utica, N. Y. All parties interested in the subject-matter were made parties, either plaintiff or defendant, in one or the other of said actions. The interests of the plaintiffs in each of said actions were conflicting as between themselves, and were also conflicting with the interest of the defendants (appellants). Issue was duly joined in each of said actions. Thereafter an order was duly made, upon the consent of all the parties, consolidating…
2Cases cited2 opinions
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Bates v. Salt Springs Nat. Bank of SyracuseNew York Supreme Court · 1895