Rowley v. Nellis

Appellate Division of the Supreme Court of New York

Rowley v. Nellis

84 N.Y.S. 1143

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

DecidedOctober 27, 1903

StatusPublished

This text of 84 N.Y.S. 1143 (Rowley v. Nellis) 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

Rowley v. Nellis, 84 N.Y.S. 1143 (N.Y. Ct. App. 1903).

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Opinion

PER CURIAM.

Order appealed from (84 N. Y. Supp. 841) reversed, with $10 costs and disbursements, and motion granted. Held that, under the circumstances of this case, it was not a proper exercise of its discretion for the court below to hold that it was necessary that the plaintiff, in the action to foreclose the mortgage, should have made all the heirs parties thereto, and litigated the questions with reference to their liability for any deficiency arising in the foreclosure action.

STOVER, J., not voting.

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PER CURIAM.

Order appealed from (84 N. Y. Supp. 841) reversed, with $10 costs and disbursements, and motion granted. Held that, under the circumstances of this case, it was not a proper exercise of its discretion for the court below to hold that it was necessary that the plaintiff, in the action to foreclose the mortgage, should have made all the heirs parties thereto, and litigated the questions with reference to their liability for any deficiency arising in the foreclosure action.

STOVER, J., not voting.

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Bluebook (online)

84 N.Y.S. 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowley-v-nellis-nyappdiv-1903.

Opinion

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