144 N.Y. 92 | NY | 1894
We agree with the General Term in its affirmance of the order granting the application of Solomon Wolf to intervene as parties defendant: although we put our concurrence not upon the ground of an inherent power in the court, but upon the express permission of section 452 of the Code. So much of that section as is a literal re-enactment of the old section 122 applies only to equitable actions. We so held in Chapman v. Forbes (
We think, therefore, that the power to make this order was given by the Code, and it should be affirmed, with costs.
All concur.
Order affirmed.