Legal Opinion

Gracie v. Freeland

New York Court of Appeals

Decided January 15, 1848PublishedCited by 2 opinions

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

  1. Dias v. BouchaudNew York Court of Chancery · 1843

3Cited by2 opinions

  1. Marsh v. HolbrookNew York Court of Appeals · 1869
  2. Tyng v. Theological Seminary of the Protestant Episcopal Church in the Diocese of OhioThe Superior Court of New York City · 1880

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