St. John v. West
New York Supreme Court
Welles, Johnson and Selden, Justices. This is an appeal from an order made at a special term of this court held in the county of Seneca, in October, 1849, denying an application on the part of the plaintiffs to substitute the names of Beverly Robinson, trustee under the will of William James St. John, John Henry Herbert St. John, and the People of the State of Hew York, as parties, plaintiffs, in place of the said William James St. John, who has died since the commencement…
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Welles, Johnson and Selden, Justices. This is an appeal from an order made at a special term of this court held in the county of Seneca, in October, 1849, denying an application on the part of the plaintiffs to substitute the names of Beverly Robinson, trustee under the will of William James St. John, John Henry Herbert St. John, and the People of the State of Hew York, as parties, plaintiffs, in place of the said William James St. John, who has died since the commencement of the suits. The petition upon which the original motion was founded, among other things, shows: That the thirteen suits…
1Opinion of the Court
By the Court, Selden, Justice.
Upon the argument of the appeal, among other grounds taken by the counsel for the defendants, it was insisted that the appeal should be dismissed for the reason that the order appealed from did not “ involve the merits of the action” as required by section 9 of the “ act to facilitate the determination of existing suits,” passed April, 11th 1849, under which the appeal was brought; and since this objection, if well taken, is fetal to the appeal, it may as well be first considered.
When, then, may an order made at special term be said to “ involve the merits ?”
The…
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