← Cases

Crosby v. Berger

4 Edw. Ch. 210 Court N.Y. Ch. Decision date 1843-01-26 English

Contents

Majority

p. 210
Crosby, Administrator of Balbi, deceased, v. Berger and others, Executors, &c.
Jan. 26, 1843.

Headnote

A party not affected by another’s being made a defendant, cannot demur because the latter is wrongly made a party.
Pleading. Parties.
See this case, 3d vol. 538.
The defendants now demurred, on the ground principally at the attorney general, who was made a party, was not necessary party.

The Vice-Chancellor overruled the demurrer, principally on the ground that the defendants had no right to take the objection that the attorney general was not a necessary or proper party; and especially as these defendants could not be injured even if he were improperly made a party defendant.

Mr. R. Lockwood, in support of the demurrer.

Mr. J. L. Mason and Mr. B. F. Butler, contra.