Williamson v. Hyer
Court for the Trial of Impeachments and Correction of Errors
Motion to dismiss appeal. On the 18th September, 1827, Thomas R. Hyer exhibited his bill in the court of chaneery against the respondent and others, praying an account of the rents, issues and profits, and of the proceeds of. the sales of certain real estate late of Gerrit Hyer, of the city of New-York, deceased.
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Motion to dismiss appeal. On the 18th September, 1827, Thomas R. Hyer exhibited his bill in the court of chaneery against the respondent and others, praying an account of the rents, issues and profits, and of the proceeds of. the sales of certain real estate late of Gerrit Hyer, of the city of New-York, deceased. The respondent being the administrator. of the estate of G. Hyer, and the others being the widow and the children and representatives of the deceased, put in their answer in July, 1828. On the 19th December, 1827, Thomas R. Hyer executed a mortgage to Halsey Rogers of an undivided…
1Opinion of the CourtJustice Marcy
said he could scarcely conceive of a case in which an appeal from an order of the chanceilor refusing a re-hearing ought to be sustained. Such application is addressed purely to the discretion of the chancellor, and *173strong indeed must be the circumstances in such a case, to induce this court to sustain an appeal. Besides, it is very questionable whether an order refusing instructions to a master as to the discharge of his duties can be the subject of an appeal. The party is not remediless ; on the coming in of the report, if the master has omitted what he ought to have done, or on the…
2Cited by6 opinions
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- Stuart v. AllenWisconsin Supreme Court · 1878
- Leycraft v. DempseyCourt for the Trial of Impeachments and Correction of Errors · 1835
- Coryell v. HolcombeSupreme Court of New Jersey · 1854
- Meade County Bank v. DeckerSouth Dakota Supreme Court · 1904
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