Peck v. Richardson
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Seneca county. Action by Marquis L. Peck and John C. Schryver (as administrators of the estate of Joseph G. Schryver, deceased), William T. Schryver, and John G. Schryver against John E. Bichardson (as executor of the will of Lucy Schryver, deceased), Allen O. Betts, and Catherine Tharp, to procure an adjudication that certain personalty of which Lucy Schryver was possessed was the property of Joseph G. Schryver, her husband.
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Appeal from special term, Seneca county. Action by Marquis L. Peck and John C. Schryver (as administrators of the estate of Joseph G. Schryver, deceased), William T. Schryver, and John G. Schryver against John E. Bichardson (as executor of the will of Lucy Schryver, deceased), Allen O. Betts, and Catherine Tharp, to procure an adjudication that certain personalty of which Lucy Schryver was possessed was the property of Joseph G. Schryver, her husband. From an interlocutory judgment sustaining a demurrer by defendants, Richardson, Betts, and Tharp, to the amended complaint, plaintiffs appeal.…
1Opinion of the CourtHardin, P. J.
Whether William T. Schryver and John G. Schryver, as “the nephews and only heirs at law and next of kin" of Joseph G. Schryver, are necessary or proper parties plaintiff in this action, is the sole question presented by the appeal taken by the plaintiffs from the decision made at special term. Section 446 of the Code of Civil Procedure is as follows:
“All persons having an interest in the subject of the action and in obtaining the judgment demanded, may be joined as plaintiffs, except as otherwise expressly prescribed in this act."
It is permissive, under section 449 of the Code of Civil…
2Cases cited8 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Hubbell v. . MedburyNew York Court of Appeals · 1873
- National Park Bank v. GoddardNew York Court of Appeals · 1892
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3Cited by2 opinions
- Conley v. WaltonNew York Supreme Court · 1905
- Greene v. New York, Ontario & Western RailroadNew York Supreme Court · 1905