Graham v. . Linden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. . This action was brought to foreclose two mortgages, covering two lots of land situate in the city of Hew York, one of which was made by William Graham, the husband of plaintiff, in his lifetime, and the second by the plaintiff as administratrix of the estate of her husband,…
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. . This action was brought to foreclose two mortgages, covering two lots of land situate in the city of Hew York, one of which was made by William Graham, the husband of plaintiff, in his lifetime, and the second by the plaintiff as administratrix of the estate of her husband, pursuant to a decree of the surrogate of the county of Hew York, entered agreeably to provisions of title 4, chap. 6, of part…
1Opinion of the CourtGrover, J.
The order of the General Term denying the defendant’s motion for a reargument of the case must, if appealable to this court, be affirmed. I think it is an appeal-able order. Mr. Justice Ingraham, having heard and decided the case at the Special Term, was prohibited by the Constitution from sitting as a member of the court upon the hearing of an appeal from the judgment. If he did so, the appellant had an absolute right to have the order affirming the judg ment set aside, and the case reargued by a court authorized to hear and decide it. But the record shows what justices-heard and decided the…
2Cases cited2 opinions
- Russell v. AustinNew York Court of Chancery · 1828
- Leavenworth v. CooneyNew York Supreme Court · 1865
3Cited by3 opinions
- Easterbrook v. FarquharsonCalifornia Supreme Court · 1895
- Werner v. TuchNew York Supreme Court · 1889
- Jensen v. FranklinMontana Supreme Court · 1959