In re Swan — 151 N.Y. 644

Majority

p. 644

In the Matter of the Petition of Ralph C. Swan.

(Argued December 14, 1896;

decided December 22, 1896.)

Headnote

Motion by Ralph C. Swan to be made a party plaintiff and respondent in an action between Robert II, Sherwood, plaintiff and respondent, and Maitland E. Graves, defendant and appellant, pending in this court on an appeal from a judgment of the General Term of the Supreme Court in the second judicial department, rendered at the December term, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict.

p. 645

The motion was made upon the ground that the petitioner is interested in, and entitled to a share of, the judgment appealed from.

Frank W. Angel for motion.

James W. Eaton opposed.

Motion denied.