Whitaker v. Desfosse
The Superior Court of New York City
This purports to be an appeal from an order made “ at special- term at chambers,” by Mr. Justice Moncrief, on the 12th day of November, 1860, by which the plaintiffs were relieved from their default in not bringing the cause to trial at the October term, and vacating and setting aside “ the default, * * dismissing the complaint, &c.,” and ordering that the action be referred to Ambrose L. Pinney, Esq., as sole referee.
1Opinion of the CourtBy the Court. Woodruff, J.
—It does not appear, by the papers submitted on this appeal, that the order appealed from has been entered. What purports to be an order, bears no date; it does not purport to be an order of the court; it is only authenticated by the words “ Enter this. Jas. Moncrief.” In short, it is a mere direction of the justice to enter the same as an order. From such a direction, no appeal will lie; nor have we any jurisdiction to review it. It is neither an order of the court, nor an or-" der of a judge, hut a direction, upon compliance with which alone it becomes an order. From orders which are such…
2Cases cited2 opinions
- Blanc v. LafayetteSupreme Court of the United States · 1851
- Jacobs v. MarshallThe Superior Court of New York City · 1857
3Cited by13 opinions
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- Hill v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1907
- Stafford v. AmbsSuperior Court of Buffalo · 1879
- Boss v. CombesThe Superior Court of New York City · 1874
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