Van Dyke v. Gardner

Per Curiam. Under , the issues framed by the pleadings defendant could not show that the plaintiff was not the real party in- interest, as he failed to allege the facts necessary to' raise sutih an issue. i The mere legal conclusion “that plaintiff was not the real or proper party in interest ” pleaded by him was not sufficient. Ho error being discovered, judgment affirmed, with costs. . Present: Fitzsimons, Conlan and Schuchman, JJ. Judgment affirmed, with costs.