H. Koehler Co. v. Brady

Full title: H. Koehler Co., Respondent, v. James W. Brady, Appellant. Peter Doelger…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 1903

87 App. Div. 628 (N.Y. App. Div. 1903)

Opinion

November Term, 1903.

Judgment, so far as it affects appellant Doelger, reversed and all provisions in the judgment by which it is adjudged that plaintiff acquire a lien upon the premises described in the complaint and directing a sale of the property stricken from the judgment, with costs to said appellant against respondent.

INGRAHAM, J.:

A statement of the proceeding which has resulted in this judgment and the nature of the judgment are stated in a former appeal in this action ( 82 App. Div. 279). Entertaining the views there expressed, it is quite apparent that a judgment, so far as it affects this appellant Doelger, or directs a sale of his property, was unauthorized, and that for the reasons stated in that opinion the judgment, so far as it affects this appellant Doelger, should be reversed, and all provisions in the judgment by which it is adjudged that the plaintiff acquire a lien upon the premises described in the complaint and directing a sale of the property should be stricken from the judgment appealed from, with costs to the said appellant against the respondent. Van Brunt, P.J., O Brien, Hatch and Laughlin, JJ., concurred.