77 N.Y. 595
Decided April 8, 1879
New York Court of Appeals · decided 1879-04-08
This was a motion to substitute one Alexander H. Eisher as plaintiff and respondent herein. Defendant demurred to the complaint on the ground, among others, that said Fisher should have been the plaintiff. The demurrer was overruled, and the case was hero upon appeal from judgment -of General Term sustaining the demurrer.
Good law ✅— No negative treatment on recordhow we know
Decided 1879-04-08
Cited by 4 later decisions — most recently November 1951
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 reads mem. for granting motion without prejudice to appeal now pending in this court, and without in any manner affecting the right of the appellant to have the questions upon that appeal determined in the same manner as they would have been if substitution had not been made.
¶2 All concur.
¶3 Ordered accordingly.