Appellate Division of the Supreme Court of the State of New York June 15, 1906 (McWhirter v. Bowen)

Ingraham, J. :

I think this motion should have been granted. The defendant Eisert was awarded substantial relief by the judgment, although he had not answered - in the action and took no part in the trial. He, however, appeared by counsel as a respondent upon the appeal and sought to sustain the judgment in his favor.