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Woods v. Pet-Dog Club

67 N.Y.S. 587 Court N.Y. City Ct. Decision date 1900-12-13 English

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p. 587
WOODS v. AMERICAN PET-DOG CLUB.
(City Court of New York, General Term.
December 13, 1900.)

Headnote

Action against Association&emdash;Appearance by Member&emdash;Right to Question Individually.
A member of an association who by his attorney served a notice ot appearance on its behalf in an action against it cannot individually question the appearance thus served, nor question the judgment rendered.
Appeal from special term.
Action by William J. Woods against the American Pet-Dog Club. From an order denying a motion on behalf of William J. Fryer for leave to withdraw a notice of appearance for defendant, alleged to have been served by mistake by his attorney, John J. Gleason, and to vacate the judgment roll and service of summons, said Fryer appeals.
Affirmed.
Argued before MCCARTHY, S'CHUCHMAN, and O’DWYER, JJ.
John J. Gleason, for appellant.
William J. Woods, in pro. per.

The appeal herein is taken on behalf of William J. Fryer, and he is in no position to individually question the .appearance served on behalf of the defendant, or to complain of .the judgment entered against the defendant.

Order affirmed, with 110 costs and disbursements.