Beck v. Schneider
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in an action in replevin on the ground that the court in awarding judgment in his favor failed to award possession of the property to the defendant.
1Opinion of the CourtPage, J.
At the trial a motion was made by the defendant’s counsel to bring in one Solomon Heft as a party defendant on the ground that he was the rightful owner of the property replevied. The motion was properly denied. If the motion was made pursuant to section' 42 of the Municipal Court Act, as claimed, it was unauthorized for the reason that, while this section defines clearly who may be made parties defendant in the first instance, it makes no provision for bringing in parties on motion after an action has been commenced. That section has, therefore, no application to this case. The provisions of…
2Cases cited3 opinions
- McCobb v. ChristiansenAppellate Terms of the Supreme Court of New York · 1899
- Levy v. HohweisnerAppellate Division of the Supreme Court of the State of New York · 1905
- Knapp v. ScheiderNew York Court of Common Pleas · 1881
3Cited by2 opinions
- Agulnick v. RauchAppellate Terms of the Supreme Court of New York · 1914
- Goldstein v. Reiss & Fishman, Inc.Appellate Division of the Supreme Court of the State of New York · 1949