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Appellate Terms of the Supreme Court of New York, 1899

Dougherty v. McMillan

Dougherty v. McMillan
Appellate Terms of the Supreme Court of New York · Decided January 15, 1899
25 Misc. 782

Counsel

Charles De Hart Brower, for appellant., James A. Dunn, for respondent McMillan., James A. Deering, for other respondents.

Dougherty v. McMillan

Opinion of the Court

Per Curiam.

The petition does not allege, nor do: the proofs show, that the petitioner had any interest whatever in the premises in suit.

The proceedings were, therefore, properly dismissed by the trial justice (Code of Civ. Pro., § 2235; Potter v. New York Bap. Mission Society, 23 Misc. Rep. 671; Ross v. Same, id. 683), and it follows that the final order appealed from must be affirmed, with costs.

Present: Beekman, P. J., Gildersleeve and Giegerich, JJ..

Order affirmed, with costs.

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