The Superior Court of New York City December 9, 1874 (Stewart v. James)

By the Court.—Sedgwick, J.

The substance of the question before us is whether, under section 121 of the Code, an action can be revived, on a supplemental complaint, without leave of the court first obtained. As an original question, we would agree with the learned judge who decided, below, that it might. We think, however, that Beach v. Reynolds (53 N. Y.