Opinion
January, 1907.
Motion for leave to go to the Court of Appeals granted and questions certified as follows: First. May a defendant without the service of an answer by himself require a determination of the ultimate rights of himself and a codefendant as between themselves on an answer demanding such determination served on him by such codefendant? Second. Did the Special Term under the pleadings and proof herein properly render a judgment determining as between the defendants the ownership of the bonds?