Legal Opinion

Ithaca Agricultural Works v. . Eggleston

New York Court of Appeals

Decided November 29, 1887PublishedCited by 1 opinion

Appeal from order of the General Term of the Supreme Oourt in the fourth judicial department, made November 9, 1886, which dismissed an appeal from an order of the County Court of Chenango county, denying a motion to set aside the report of a referee and for leave to issue execution. The material facts are stated in the opinion. The appeal to the General Term was authorized and the order was appealable. (Kincaid v. Richardson, 25 Hun, 237.) This was a special proceeding.

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Appeal from order of the General Term of the Supreme Oourt in the fourth judicial department, made November 9, 1886, which dismissed an appeal from an order of the County Court of Chenango county, denying a motion to set aside the report of a referee and for leave to issue execution. The material facts are stated in the opinion. The appeal to the General Term was authorized and the order was appealable. (Kincaid v. Richardson, 25 Hun, 237.) This was a special proceeding. (Code, § 1357; Wadley v. Davis, 38 Hun, 186 ; Belknap v. Waters, 11N. Y. 477.) The order appealed from affected a…

1Opinion of the CourtPeckham, J.

On the 17th of January, 1878, the plaintiff obtained a judgment against the defendant, Judah Eggleston, by confession, in the court of a justice of the peace in Chenango county, for the sum of $310.69. A transcript of this judgment was filed in the clerk’s office of that county on the 18th day of January, 1878. In September, 1883, the plaintiff’s attorney noticed, a motion for leave to issue execution, and in the affidavit upon which the motion was to be made, the foregoing facts were stated. It was also therein stated that the plaintiff was then the owner of such judgment, and that the same…

2Cases cited1 opinion

  1. Andrews v. . LongNew York Court of Appeals · 1880

3Cited by1 opinion

  1. Moore v. . PotterNew York Court of Appeals · 1898

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