Legal Opinion

O'Connor v. Hendrick

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904Published

Appeal by Charles D. Miner and others, third parties, from so ranch of an order of the Supreme Court, made at the Livingston Special Term, bearing date the 7th day of November, 1903, and entered in the office of the clerk of the county of Livingston, as requires, as a condition of allowing them to intervene and become parties to this action, that they appear and defend the action through the same attorney retained and employed by the defendant Hendrick.

1Opinion of the Court

Hiscock, J.:

We think that the portion of the order imposing the condition above mentioned and appealed from was erroneous.

This action was brought by plaintiff to recover for services claimed to have been rendered both by herself, and by another who assigned *434to her, as school teachers in the public schools of- district No.,9 of the town of Litna.

The appellants made a motion to be allowed to. intervene and become parties defendant in the action, under the provision of section 452 of the Code of Civil Procedure, upon the grounds, in substance, that they were the owners of; real property within…

2Cases cited3 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Tenney v. . BergerNew York Court of Appeals · 1883
  3. Christman v. ThatcherNew York Supreme Court · 1888

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