Potter v. Rossiter

Ingraham, J. (dissenting):

If the court .had power to grant this motion I would concur, with Mr. Justice Houghton. I think it. olear that Mrs. Potter is entitled to have the resolution passed as specified in the stipulation; but as-she is no longer a party to the action, and interlocutory judgment has .been- entered, I think that right can only be enforced by an independent action.

Order reversed, with ten dollars costs and disbursements; and motion granted, with ten dollars costs.