Ray v. New York Bay Extension Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 12, 1897, which affirmed an order of the Special Term adjudging the defendant guilty of contempt in disobeying the judgment in this action, and imposing a fine of $250. It was also adjudged that the misconduct of the defendant was calculated to, and actually did, defeat, impair, impede and prejudice the rights and remedies of the plaintiff to her actual loss…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 12, 1897, which affirmed an order of the Special Term adjudging the defendant guilty of contempt in disobeying the judgment in this action, and imposing a fine of $250. It was also adjudged that the misconduct of the defendant was calculated to, and actually did, defeat, impair, impede and prejudice the rights and remedies of the plaintiff to her actual loss or injury to the extent of the costs and expenses incurred or suffered by her by reason thereof, and to the extent of…
1Opinion of the CourtMartin, J.
Upon the argument the respondent insisted that this appeal should be dismissed for the reason that the order was not appealable to this court. The ground of this insistence is that it was not a final order in a special proceeding, and, hence, this court has no jurisdiction to review the action of the court below.
Section 190 of the Code of Civil Procedure defines the jurisdiction of this court and, so far as applicable here, it provides that its jurisdiction shall be confined to the review upon appeal of actual determinations made by the Appellate Division in the following cases and no others:…
2Cases cited5 opinions
- Roe v. . BoyleNew York Court of Appeals · 1880
- Jewelers' Mercantile Agency v. RothschildNew York Court of Appeals · 1898
- Catlin v. . GrisslerNew York Court of Appeals · 1874
- Crosby v. . StephanNew York Court of Appeals · 1885
- Matter of Chaphe v. . State of New YorkNew York Court of Appeals · 1889
3Cited by7 opinions
- Drinkhouse v. Parka Corp.New York Court of Appeals · 1957
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Anderson v. . DaleyNew York Court of Appeals · 1899
- Matter of Steinman v. . ConlonNew York Court of Appeals · 1913
- Ray v. New York Bay Extension RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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