Kurz v. Schraefel

147 A.D. 911 Court N.Y. App. Div. English

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p. 911

Andrew Kurz, as Administrator, etc., of Katharina Kurz, Deceased, Appellant, v. Frances Schraefel, Respondent.

The defense of defect of parties not having been taken by answer or demurrer is not available upon the trial. (Wolverton v. Rogers, 123 App. Div. 45 .) Judgment reversed and new trial granted, costs to abide the final award of costs. Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.