New York Supreme Court, 1842

Barker v. Norton

Barker v. Norton
New York Supreme Court · Decided July 15, 1842 · Cowen
3 Hill & Den. 474

Counsel

P. Cagger, for the motion., D. Wright, contra.

Barker v. Norton

Opinion of the Court

By the Court, Cowen, J.

The defendants have now no in» terest in the action, and ceased to be parties on the election of their successors. Therefore they have no right to make this motion. Before the plaintiff can be put in default for not going to trial, the new commissioners must be made defendants on motion pursuant to 2 R. S. 388, 9, 2d ed. § 104.

Motion denied. '

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