8 How. Pr. 175 | NY | 1853
This court having jurisdiction to review the judgment below and having obtained possession of the cause, must in the nature of things possess all such powers as are necessary to render that jurisdiction effectual. Among other powers thus necessary is that of determining what parties ought to be before the court, and in case of any defect arising after jurisdiction is acquired, of remedying that defect; section 121 of the Code seems not to have been intended to apply in terms to this court, for it is difficult to see Jiow in any case a supplemental complaint could be an appropriate method of bringing in new parties here.
Section 469 of the Code continues in force the practice of the courts, where that practice was not inconsistent with the provisions of the Code; under this provision I think the former practice of the Court for the Correction of Errors must govern where neither the rules of this court nor the provisions of the Code are inconsistent therewith.
The motion should be granted but without costs (see also Miller agt. Gunn, 7 How. P. R. 159).