Delafield v. Barlow — 8 N.Y. St. Rep. 903

Majority

p. 903

ELIZA DELAFIELD, Resp’t, v. FRANCIS C. BARLOW as Executor and Trustee, etc., et al., App’lts.

Headnote

Practice—New parties.

Appeal from an order denying a motion to make Louisa S. Barlow, an infant, and others parties defendant in this partition suit.

De Groot, Rawson & Stafford, for pl’ff; Charles C. Wetmore, for app’lt.

We think the case of Morse v. Morse (85 N. Y.), cited by the judge at special term, is decisive in this case, and that the application to bring in new parties was properly denied.

It follows that the judgment and order appealed from should be affirmed. No costs.

Barnard, P. J., and Dykeman, J., concur.