In re Dunn
New York Supreme Court
. Appeal from Wayne county court. Application by Fanny Dunn for an inquiry into the alleged lunacy of one Harrison Dunn. From an ex parte order made on the application of petitioner, said Harrison Dunn appeals.
1Opinion of the CourtDwight, P. J.
Although we prefer to determine this appeal on the merits, we are unwilling to sanction the practice adopted by the appellant in bringing the appeal from an order granted ex parte. The statute relating to appeals to the general term from orders made in actions in the supreme court, expressly limits such appeals to the case of orders made “upon notice. ” Code Civil Proc. c. 12, tit. 4, §§ 1347, 1348. Sections 1356 and 1357 of title 5 of the' same chapter provide for appeals from orders in special proceedings, whether made at special term, or, as in this case, by another court of recprd of…
2Cases cited1 opinion
- Billington v. BillingtonNew York Supreme Court · 1888
3Cited by3 opinions
- Brast v. Kanawha Oil Co.West Virginia Supreme Court · 1899
- Brown v. GeorgiAppellate Terms of the Supreme Court of New York · 1899
- People ex rel. Platt v. RiceNew York Supreme Court · 1893