Gracie v. Freeland
New York Court of Appeals
Appeal, by the complainant, from an interlocutory order made in this cause, in equity, at a special term of the supreme court created by the present constitution, held in the city of New-York, before Mr. Justice Edmonds. The appeal coming on to be heard, it was objected on the part of the defendants, that an appeal to this court could not be taken from an order or decree made at a special term.
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Appeal, by the complainant, from an interlocutory order made in this cause, in equity, at a special term of the supreme court created by the present constitution, held in the city of New-York, before Mr. Justice Edmonds. The appeal coming on to be heard, it was objected on the part of the defendants, that an appeal to this court could not be taken from an order or decree made at a special term. (Const. art. 6, §6 ; Stat. of 1847, p. 321, §§ 8, 10 ; Id. p. 322, § 11; Id. 325, § 20.) The party against whom a decree or order is made at a special term, it was said, should apply at a general term…
1Opinion of the Court
In the following cases the judgments of the supreme court were affirmed:
Spencer v. Halsted, reported in 1 Denio’s R. 606
Graves and another v. McKeon, 2 Id. 639(a)
Coddington v. Davis, reported in this vol. ante, p. 16
The People v. Adams, “ 190
The People v. Charles, “ 212
Delamater v. Pierce, “ 315
In the following cases, decrees of the court of chancery were affirmed :
Frazer v. Western and others, reported in 1 Barb. Ch. R. 220
Moehring v. Mitchell, Public Admr. &c. Id. 264
McCosker v. Brady and others, Id. 329
Hoes and others v. Van Hoesen, Id. 379
Partridge v. Menck and others, 2 Id. 101
In the…
2Cases cited1 opinion
- Dias v. BouchaudNew York Court of Chancery · 1843
3Cited by2 opinions
- Marsh v. HolbrookNew York Court of Appeals · 1869
- Tyng v. Theological Seminary of the Protestant Episcopal Church in the Diocese of OhioThe Superior Court of New York City · 1880