Wilmore v. . Flack
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 10, 1882, which affirmed a judgment in favor of defendants, entered upon an order overruling a demurrer to defendants’ answer and dismissing the complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 10, 1882, which affirmed a judgment in favor of defendants, entered upon an order overruling a demurrer to defendants’ answer and dismissing the complaint. The complaint herein alleged substantially the following facts: Plaintiff, on February 3, 1875, recovered a judgment in the Marine Court of the city of New York against one Levy, and issued execution thereon against Levy’s property to the defend,ant Hillier, then a marshal of the city of New York, who duly…
1Opinion of the CourtEnron, J.
The General Term of the Common Pleas had no-jurisdiction of the attempted appeal ,to that tribunal. Its appellate power was derived wholly from the statute, and had no existence outside of its permission. An appeal from an order of the Greneral Term of the Marine Court granting a new trial is allowed only upon condition that the appellant consents to a final judgment against him if theorder is affirmed. (Laws of 1874, chap. 545, § 9 ; Gordon v. Hartman, 79 N. Y. 221.) Without that consent there can be no appeal, and much less a'final judgment founded upon it, and impossible without it. , The…
2Cases cited2 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Gordon v. . HartmanNew York Court of Appeals · 1879
3Cited by19 opinions
- American Mutual Liability Insurance v. HamiltonSupreme Court of Virginia · 1926
- Claim of O'Esau v. E. W. Bliss Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Brister v. Wray-Dickinson Co.Louisiana Court of Appeal · 1935
- Carroll v. O'SheaNew York Court of Common Pleas · 1893
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