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Doyle v. Carney

101 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1906-11-21 English

Contents
p. 1119
DOYLE, Respondent, v. CARNEY, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 21, 1906.)

Headnote

Action by Martin J. Doyle, individually, etc., against Patrick H. Carney, executor, etc.

Judgment and order affirmed, with, costs.

dissent, upon the ground that the court had no power to grant the amendment bringing in a new party to the action, and upon the further ground that, having brought in such party, the court had no right to make the certificate which granted costs against the defendant executor, for the reason that as to the new party no claim was ever presented or rejected, and could not therefore have been unreasonably resisted.