Gracie v. . Freeland
New York Court of Appeals
The appellant, Gracie, who was complainant in the Supreme Court, appealed to this Court from an order in an equity cause, made by one of the Justices of the Supreme Court while holding a special t^rm. FTo re-hearing of the matter had been had or applied for at a general term of the Supreme Court. moved to dismiss the appeal on the ground, among others, that an appeal to this Court would only lie from a decree or order made by the Supreme Court at a general term.
1Opinion of the Court
This is an appeal from an order in an equity cause, made by one of the Justices of the Supreme Court while holding a special term; and there has been no re-hearing and order upon the matter by the Supreme Court in general term. A motion is made to dismiss the appeal, on the ground that an appeal will only lie from the decrees and orders of the Supreme Court, in equity causes, made at the general term.
It is difficult to suppose that the Legislature, if it has the constitutional power to do so, has provided that all equity causes shall be first heard at a special term before a single Judge; and…
2Cited by9 opinions
- Horner v. United StatesSupreme Court of the United States · 1893
- In re Association of the BarAppellate Division of the Supreme Court of the State of New York · 1928
- Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Syracuse Sav. Bk. v. . S., C. N.Y.R.R. Co.New York Court of Appeals · 1882
- Syracuse Savings Bank v. Syracuse, Chenango & New York RailroadNew York Court of Appeals · 1882
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