City of New York Municipal Court March 15, 1908 (Garvey v. Falk)

McAvoy, J.

The verdict rendered here is cora/m non judice as to .Abraham Falk and cannot be permitted to stand. The permission to amend granted upon the finding of the jury was without legal warrant and does not cure the defect of jurisdiction. Obviously, Abraham Falk was not a litigant of the issues here, and he cannot therefore be concluded by the determination had.