Van Slyke v. . Hyatt
New York Court of Appeals
Appeal from an order of the Supreme Court at General Term, affirming an order at Special Term, denying the plaintiff’s motion to set aside the report of the referee, and for such further or other order as should be proper. (Reported below, 9 Abb., E. S., 58.) The complaint in the action set forth various loans of money and negotiable paper, and also a sale of merchandise, made by one Covert to the defendant.
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Appeal from an order of the Supreme Court at General Term, affirming an order at Special Term, denying the plaintiff’s motion to set aside the report of the referee, and for such further or other order as should be proper. (Reported below, 9 Abb., E. S., 58.) The complaint in the action set forth various loans of money and negotiable paper, and also a sale of merchandise, made by one Covert to the defendant. That on account of said matters, the defendant was indebted to Covert, and that Covert had assigned his claims to the plaintiff. The answer denied any indebtedness to Covert or to the…
1Opinion of the CourtBapallo, J.
The frequency of appeals to this court, under the fourth subdivision of section eleven of the Code, from orders involving mere questions of practice, admonishes us, that unless we rigidly confine such appeals within the limits prescribed by that section, we shall be continually called upon to determine controversies in regard to modes of procedure in the com’ts below; and the time of this court will be thus consumed, to an extent, totally incompatible with the ^.discharge of its more important duties.
We must therefore, in all such cases, dismiss the appeal, unless it clearly appears, that the…
2Cases cited7 opinions
- Grant v. . MorseNew York Court of Appeals · 1860
- Brainerd v. . DunningNew York Court of Appeals · 1864
- Johnson v. . WhitlockNew York Court of Appeals · 1856
- Smith v. . CoeNew York Court of Appeals · 1864
- Snook v. FriesNew York Supreme Court · 1855
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- Conlan v. GraceSupreme Court of Minnesota · 1886
- HCE Associates v. 3000 Watermill Lane Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
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