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Guernsey v. Dexter

121 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1910-02-02 English

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p. 1133
GUERNSEY et al., Appellants, v. DEXTER et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
February 2, 1910.)

Headnote

Action by Charles Guernsey and others against Edward W. Dexter and another.

Interlocutory judgment reversed, with costs, and demurrer overruled, with costs, with leave to the defendants to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal. Held, that the other tenants in common are not necessary parties plaintiff.

McLennan, P. J., and ROBSON, J., dissent.