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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 23, 1899
55 N.Y.S. 616 (New York Supplement)

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 im suit. The proceedings were therefore properly dismissed by the trial justice (Code Civ. Proc. § 2235; Potter v. Society, 23 Misc. Rep. 671, 52 N. Y. Supp. 294; Ross v. Same, 23 Misc. Rep. 683, 52 N. Y. Supp. 303); and it follows that the final order appealed from must be affirmed, with costs.

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