Bowen v. . Sweeney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1894, which dismissed a motion by defendants for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. An order of the General Term dismissing a motion for want of jurisdiction involves a substantial right, and is, therefore, appealable to the Court of Appeals.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1894, which dismissed a motion by defendants for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. An order of the General Term dismissing a motion for want of jurisdiction involves a substantial right, and is, therefore, appealable to the Court of Appeals. (Tilton v. Beecher, 59 N. Y. 176; Hewlett v. Wood, 67 id. 394; Jemison v. C. S. Bank, 85 id. 546; Reed v. Mayor, etc., 97 id. 620 ; Anderson v. Anderson, 112 id. 104; Borge v. B. Iron…
1Opinion of the CourtBartlett, J.
This is an appeal from an order of the General Term of the first department dismissing appellants’ motion for a new trial. This is an action for partition, and it was ordered that the issues of fact be sent to the Circuit, and certain questions were framed for the jury to answer. Trial was had, and the jury answered the questions propounded. Upon the written consent of all the parties it was directed that the further hearing of the action be proceeded with before the court at Special Term. Thereupon the action came on for further hearing at Special Term; the court made findings of fact and…
2Cases cited2 opinions
- Acker v. . LelandNew York Court of Appeals · 1888
- Jones v. . JonesNew York Court of Appeals · 1890
3Cited by1 opinion
- Lewis v. ButtsNew York Supreme Court · 1911