Jemison v. Citizens' Savings Bank of Jefferson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 21, 1881, which dismissed, “ on the ground that the order is not appeal-able,” an appeal from an order of Special Term, granting an open commission to a commissioner in Texas to examine certain witnesses named and “such other witnesses as may be produced before him * * * upon oral questions.”
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 21, 1881, which dismissed, “ on the ground that the order is not appeal-able,” an appeal from an order of Special Term, granting an open commission to a commissioner in Texas to examine certain witnesses named and “such other witnesses as may be produced before him * * * upon oral questions.” (Reported below, 24 Hun, 350.) The General Term having held that it had no power to review the order, a question of law arose. Hence the order dismissing the appeal is appealable to this court. (New…
1Opinion of the CourtFinch, J.
We have many times decided that an appeal from an order involving a substantial right lies to the General Term, although in some degree dependent upon the discretion of the court which grants or refuses the motion, and that the refusal of the General Term to entertain such appeal and pass upon its merits is an error of law reviewable in this court. (Hanover Fire Ins. Co. v. Tomlinson, 58 N. Y. 216.) In the present case the General Term dismissed an appeal from an order allowing an open commission for the oral examination of two named witnesses, and such unnamed witnesses as might be produced…
2Cases cited1 opinion
- Hanover Fire Ins. Co. v. . TomlinsonNew York Court of Appeals · 1874
3Cited by5 opinions
- MacKenzie & Shea v. R. I. Hospital Trust Co.Supreme Court of Rhode Island · 1923
- Darling v. KlockNew York Supreme Court · 1893
- Gelderman v. Stoomvaart Maatschappy Nederland & Funch Edye & Co.New York Supreme Court · 1924
- Burnell v. ColesCity of New York Municipal Court · 1898
- Laidley v. RogersNew York Supreme Court · 1893