Dawson v. Parsons
New York Supreme Court
Appeal from special term, Albany county. Action by Annie I. Dawson, as trustee of Barrett S. Dawson, and another, against John D. Parsons and others. From an order directing plaintiff and defendant Parsons to unite with the receiver in a conveyance of certain property in which Parsons had an interest on completion of the purchase thereof by the purchaser, and from an order directing defendant Parsons to execute the proposed conveyance, Parsons appeals.
1Opinion of the CourtPutnam, J.
This appeal is taken from a clause of the order made June 13th in this action, and from the whole of the order of July 11, 1893. On the granting of the first order, the appellant appeared by counsel, and the order recites that no one objected thereto. We had supposed that it was well settled that an appeal does not lie from an order so entered by consent. Flake v. Van Wagenen, 54 N. Y. 25; Innes v. Purcell, 58 N. Y. 388; Atkinson v. Manks, 1 Cow. 693. By consent of the defendant, an order of the supreme court has been entered providing “that the plaintiff and defendants in this action, and…
Also in this document: Concurrence.
2Cases cited2 opinions
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- Innes v. . PurcellNew York Court of Appeals · 1874
3Cited by3 opinions
- Bacon v. Abbey PressAppellate Terms of the Supreme Court of New York · 1904
- Flewellin v. LentAppellate Division of the Supreme Court of the State of New York · 1904
- Krakower v. TauberAppellate Terms of the Supreme Court of New York · 1903