The Mayor, C. of New-York v. . Schermerhorn
New York Court of Appeals
moved to dismiss two appeals. On the 1st of April, 1848, a decree in favor of Schermerhorn and others against the corporation was made by the supreme court in special term. The corporation applied to the court in general term for a rehearing; the motion was denied, and notice of the order denying the motion was served on the 19th of May. The corporation appealed from both orders to this court on the 24th of July.
1Opinion of the CourtBronson, J.
No appeal will lie to this .court from an order or decree of the supreme court made at a special term. (Gracie v. Freeland, ante p. 228.) And that appeal must therefore be dismissed.
The order made at the general term denying the motion for a rehearing was not a final decree; and the appeal should therefore have been made within fifteen days after notice of the order. (2 R. S. 605, §§ 78, 79.) The time for appealing expired with the third day of June, and the appeal was not taken until the 24th day of July. It was then too late.
But we are referred to the code of procedure, which allows two…
2Cited by3 opinions
- King v. . the Merchants' Exchange Co.New York Court of Appeals · 1851
- United States v. National Exch. BankCourt of Appeals for the Seventh Circuit · 1892
- MacDonald v. Hamilton B. Wills & Co.Appellate Division of the Supreme Court of the State of New York · 1921