Potter v. Baker
New York Court of Chancery
This was a motion to dismiss an appeal from a final decree of the vice chancellor of the eighth circuit. The original suit was a bill of interpleadér to settle the conflicting claims of three classes of defendants to a sum of money received by the complainant from the United States, on account of the destruction of a school house. The original proprietors of the building formed one class of claimants, and claimed the whole fund.
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This was a motion to dismiss an appeal from a final decree of the vice chancellor of the eighth circuit. The original suit was a bill of interpleadér to settle the conflicting claims of three classes of defendants to a sum of money received by the complainant from the United States, on account of the destruction of a school house. The original proprietors of the building formed one class of claimants, and claimed the whole fund. The trustees of school district No. 1 formed a second class, and also claimed the whole. And the trustees of district No. 2 constituted the third class, and claimed…
1Opinion of the Court
The Chancellor.
The sixtieth section of the title of the revised statutes relative to the court of chancery, (2 R. S. 178,) directs tiie appeal from an order or decree of a vice chancellor to be made by serving notice of such appeal upon the solicitor of the adverse party, and on the register or clerk with whom the order or decree is entered. This notice should be in writing ; and if only a part of the decreé is appealed from, the notice should specify such part. The notice of the appeal which the solicitor of the original proprietors of the school house had in this case, by seeing the appeal…
2Cited by7 opinions
- Jones v. CollinsWisconsin Supreme Court · 1863
- Wilson v. AllenNew York Supreme Court · 1849
- Hiscock v. PhelpsNew York Supreme Court · 1869
- Kissam v. MarshallNew York Supreme Court · 1860
- Wheeler v. HartshornWisconsin Supreme Court · 1876
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