Eldridge v. Howell & Howell
New York Court of Chancery
This was an application, on the part of the complainant, to dismiss an appeal, by the defendants, from an interlocutory order of the vice chancellor of the first circuit The grounds of the application were, that notice of the appeal was not served upon the solicitor of the adverse party, as required by the statute, within the time allowed by law for appealing from an interlocutory order or decree; that the appeal bond was not executed by the appellants; and that the sureties…
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This was an application, on the part of the complainant, to dismiss an appeal, by the defendants, from an interlocutory order of the vice chancellor of the first circuit The grounds of the application were, that notice of the appeal was not served upon the solicitor of the adverse party, as required by the statute, within the time allowed by law for appealing from an interlocutory order or decree; that the appeal bond was not executed by the appellants; and that the sureties in the appeal bond were not approved as is required by the 116th rule. The notice of the appeal was not served in…
1Opinion of the Court
The Chancellor.
The respondent’s counsel is right in supposing that upon an appeal from a vice chancellor to the chancellor, the notice of appeal must be served on the solicitor of the adverse party, as well as upon the register or clerk, within the time limited by law for appealing from the order, or decree, complained of by the appellant. (2 R. S. 178, § 60.) The last clause of the 117th rule of this court, only applies to appeals from the chancellor to the court for the correction of errors; as to which there is no provision in the statute for the service of a notice of the appeal upon the…
2Cited by3 opinions
- Kissam v. MarshallNew York Supreme Court · 1860
- Rankin v. PineNew York Court of Common Pleas · 1857
- Verges v. RoushNebraska Supreme Court · 1871