Legal Opinion

Arkenburgh v. Arkenburgh

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1897PublishedCited by 3 opinions

Appeal by the defendant, Robert H. Arkenbnrgh, from an order of the Supreme Court, made at the Hew York Special Term, bearing date the 31st day of December, 1896, and entered in said clerk’s office, denying his motion to set aside an execution issued in the action, with notice of intention to bring up for review- upon such appeal three separate orders dated, respectively, June 1J, July 16, and July 31, 1896. The orders of June seventeenth and July sixteenth denied the…

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Appeal by the defendant, Robert H. Arkenbnrgh, from an order of the Supreme Court, made at the Hew York Special Term, bearing date the 31st day of December, 1896, and entered in said clerk’s office, denying his motion to set aside an execution issued in the action, with notice of intention to bring up for review- upon such appeal three separate orders dated, respectively, June 1J, July 16, and July 31, 1896. The orders of June seventeenth and July sixteenth denied the defendant’s motion to vacate the judgment, and the order of July thirty-first denied his motion to resettle the order of July…

1Opinion of the Court

Rumsey, J.:

By this appeal the defendant seeks to set aside an execution issued upon an existing judgment, although the execution itself, so far as appears, is entirely valid. He seeks also upon the appeal from the order denying the motion to set aside the. execution to review two other orders, long before made, denying motions to set aside the judgment, although, it seems, separate: appeals have been taken from those orders, and are now pending in this court. As to so much of his appeal, it clearly cannot be maintained. The right upon an appeal from one determination to review another…

2Cited by3 opinions

  1. Arkenburgh v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1906
  2. Beach v. BeachAppellate Division of the Supreme Court of the State of New York · 1914
  3. Eckert v. TrumanAppellate Division of the Supreme Court of the State of New York · 1914

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