Marvin v. . Seymour
New York Court of Appeals
The defendants made a motion before the supreme court in special term, for an order to compel one of the complainants to appear and submit to an examination before a master to whom the cause had been referred. The motion was denied. The defendants then applied to the supreme court in general term for a rehearing, which was denied in May last. From the order denying the rehearing the defendants appealed to this court.
1Opinion of the CourtBronson, J.
We held in Grade v. Freeland, (ante, p. 228,) that a party had a right to a rehearing at the general term, after a matter had been decided against him at the special term; and we have acted upon that decision by reversing orders denying a rehearing. But it has been in cases where the order made at the special term, if it had been confirmed by the general term, might have been reviewed by this court on appeal. In this case we think the order made at the special term would not have been appealable, if it had been confirmed by the supreme court in general term; and in such a case, although a…
2Cited by2 opinions
- King v. . the Merchants' Exchange Co.New York Court of Appeals · 1851
- Meade County Bank v. DeckerSouth Dakota Supreme Court · 1904