Doyle v. Carney

Appellate Division of the Supreme Court of New York

Doyle v. Carney

115 A.D. 921, 101 N.Y.S. 1119

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1906

StatusPublished

This text of 115 A.D. 921 (Doyle v. Carney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doyle v. Carney, 115 A.D. 921, 101 N.Y.S. 1119 (N.Y. Ct. App. 1906).

Pincite

Opinion

Judgment and order affirmed, with costs. All concurred, except Williams and Nash, JJ., who dissented upon the ground that the court had no power to grant the amendment bringing in a new party to the action, and xipon 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.

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Judgment and order affirmed, with costs. All concurred, except Williams and Nash, JJ., who dissented upon the ground that the court had no power to grant the amendment bringing in a new party to the action, and xipon 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.

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Bluebook (online)

115 A.D. 921, 101 N.Y.S. 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-carney-nyappdiv-1906.