People ex rel. Petry v. Bevoise

New York Supreme Court

People ex rel. Petry v. Bevoise

34 N.Y. Sup. Ct. 596

DecidedSeptember 15, 1882

StatusPublished

This text of 34 N.Y. Sup. Ct. 596 (People ex rel. Petry v. Bevoise) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People ex rel. Petry v. Bevoise, 34 N.Y. Sup. Ct. 596 (N.Y. Super. Ct. 1882).

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Opinion

Cullen, J.:

We think that Petry is a proper party plaintiff to this action. He certainly has an interest in the subject-matter and in obtaining the judgment demanded. This, under section446, Code of CivilProcedure, justifies his appearance as plaintiff. Under the former Code he would have been a necessary party. (People ex rel. Crane v. Ryder, 12 N. Y., 433.) It may be that since the change in phraseology of the new Code he is not now a necessary party, but we do not think he has ceased to be a proper party. The statement in the complaint, “ The People complaining on the relation of George Petry,” is a sufficient allegation that the action is brought on the relation of Petry, especially as Petry joins in it. We doubt if a defect in that respect would be ground for a demurrer.

Order appealed from should be affirmed, with costs, with leave to defendant to answer over on payment of costs.

Present — Dykman and Cullen, JJ.; Barnard, P. J., not sitting.

Judgment affirmed, with costs, with leave to answer in twenty days on payment of costs.

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Cullen, J.:

We think that Petry is a proper party plaintiff to this action. He certainly has an interest in the subject-matter and in obtaining the judgment demanded. This, under section446, Code of CivilProcedure, justifies his appearance as plaintiff. Under the former Code he would have been a necessary party. (People ex rel. Crane v. Ryder, 12 N. Y., 433.) It may be that since the change in phraseology of the new Code he is not now a necessary party, but we do not think he has ceased to be a proper party. The statement in the complaint, “ The People complaining on the relation of George Petry,” is a sufficient allegation that the action is brought on the relation of Petry, especially as Petry joins in it. We doubt if a defect in that respect would be ground for a demurrer.

Order appealed from should be affirmed, with costs, with leave to defendant to answer over on payment of costs.

Present — Dykman and Cullen, JJ.; Barnard, P. J., not sitting.

Judgment affirmed, with costs, with leave to answer in twenty days on payment of costs.

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34 N.Y. Sup. Ct. 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-petry-v-bevoise-nysupct-1882.

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