Bates v. . Voorhees
New York Court of Appeals
This cause was tried by a referee who decided in the plaintiff’s favor, and judgment was entered accordingly in November, 1857. Before the judgment, but after the case had been submitted to the referee, J. A. Johnson of Syracuse, the defendant’s attorney, died, and Messrs. Peckham and Tremain, Esqs., of Albany, had given notice of appearance in his place."
Read the full summary
This cause was tried by a referee who decided in the plaintiff’s favor, and judgment was entered accordingly in November, 1857. Before the judgment, but after the case had been submitted to the referee, J. A. Johnson of Syracuse, the defendant’s attorney, died, and Messrs. Peckham and Tremain, Esqs., of Albany, had given notice of appearance in his place." The plaintiff’s attorney, residing in Troy, gave notice of the judgment to them in December, 1857. In February, 1859, the defendant, by Sedgwick, Andrews and Kennedy of Syracuse, his attorneys, appealed from the judgment to the Supreme…
1Opinion of the CourtComstock, J.
If the cause had proceeded to a hearing on the appeal to the Supreme Court, judgment of affirmance or reversal would have been rendered. If the j udgment had been for affirmance, the defendant might have appealed therefrom to this court. Such a judgment became impossible, because the appeal was dismissed. In the language of the Code, therefore, the order of dismissal “determined the action and prevented a judgment from which an appeal could be taken” to this court-From such an order an appeal lies.
It is said, however, that the Supreme Court, in dismissing the defendant’s appeal, merely…
2Cases cited1 opinion
- Denton v. NoyesNew York Supreme Court · 1810
3Cited by9 opinions
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Maltby v. GreeneNew York Court of Appeals · 1864
- Genter v. FieldsNew York Court of Appeals · 1864
- Maltby v. GreeneNew York Court of Appeals · 1864
4 more not listed; retrieve them via the Exa API.