Raynor v. . Raynor
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the third judicial department, which affirmed an interlocutory judgment herein. This action was for the admeasurement of dower. The material facts are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court, in the third judicial department, which affirmed an interlocutory judgment herein. This action was for the admeasurement of dower. The material facts are stated in the opinion. When the fundamental questions in an action have been decided, but further proceedings are necessary to gather up the details of a litigation so that a final judgment can be pronounced and enrolled, and when a review of a decision is intended, the right to such review ought to exist before going through with the supplemental proceedings. (Code of Civil…
1Opinion of the CourtEarl, J.
The learned counsel for the defendants makes a preliminary objection that the appeal to this court is unauthor.' ized, and we are of that opinion.
The judgment entered at the Special Term was not a final, but an interlocutory judgment. It appointed a referee who was to take an account of rents' and profits, and improvements upon land, and ascertain the present value of dower, and upon payment by the plaintiff of a certain sum to be ascertained by the referee in the mode specified in the judgment, he, the referee, was to admeasure her dower; and he was to report the evidence taken by him with…
2Cases cited2 opinions
- Bennett v. . AustinNew York Court of Appeals · 1880
- Walker v. . SpencerNew York Court of Appeals · 1881
3Cited by16 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Rich v. Manhattan Railway Co.New York Court of Appeals · 1896
- Logan v. . GuggenheimNew York Court of Appeals · 1920
- Tilton v. . VailNew York Court of Appeals · 1889
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