Johnson v. Everett
New York Court of Chancery
This was an application by the complainants to dismiss an appeal, by Evertt & Kingsley, two of the defendants* from a decree of the vice chancellor of the seventh circuit. The decree was entered on the 5th of January, 1842, and on the 28th of the same month a copy thereof was served on the solicitor for Everett & Kingsley ; whose appeal was not entered until" sometime in Hay thereafter.
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This was an application by the complainants to dismiss an appeal, by Evertt & Kingsley, two of the defendants* from a decree of the vice chancellor of the seventh circuit. The decree was entered on the 5th of January, 1842, and on the 28th of the same month a copy thereof was served on the solicitor for Everett & Kingsley ; whose appeal was not entered until" sometime in Hay thereafter. And the only question therefore was whether the decree was final as to the appellants; or was an interlocutory decree* from which they should have appealed within the fifteen days allowed by the statute for…
1Opinion of the Court
The Chancellor.
Upon a careful examination of the provisions of the decree appealed from, I am satisfied it is an interlocutory decree merely ; which the appellants had no right to appeal from after the expiration of fifteen days from the time when a copy of such decree was served upon their solicitor. The vice chancellor does indeed decide the question as to the invalidity of the conveyance from the judgment debtor of the complainants, to Everett and Kingsley, the appellants; and as a consequence of such invalidity he declares the existence of the lien of the judgments upon the lands which…
2Cases cited1 opinion
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by7 opinions
- McAuslan v. McAuslanSupreme Court of Rhode Island · 1912
- Garner v. PrewittSupreme Court of Alabama · 1858
- Morris v. . MorangeNew York Court of Appeals · 1868
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- Amherst Bank v. ZentNew York Supreme Court · 1935
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