Payne v. . Becker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment entered upon an order sustaining a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 22 Hun, 28.) The complaint states the recovery • of a judgment on the 12th of April, 1879, for $257.20, against the defendant, Louisa Becker, the usual steps for its enforcement and, those failing, proceedings supplementary to execution in behalf of the judgment creditors, the appointment therein of the plaintiff as receiver of the…
1Opinion of the CourtDanforth, J.
The appellant now argues that the action is in the nature of a creditor’s suit. If we yielded to this view it would lead to a dismissal of the appeal, for in such an action the judgment measures the matter in controversy. It is less than $500, and the appeal has been taken as of right and not by allowance of the Supreme Court. (Code, § 191, sub. 3.) It is, however, clearly a case seeking admeasurement of the widow’s dower and partition of the lands described; thus affecting the title to real property or an interest therein, and, therefore, not within the provisions of the Code referred to. .…
2Cases cited5 opinions
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Strong v. ClemIndiana Supreme Court · 1859
- Tompkins v. FondaNew York Court of Chancery · 1834
- Stewart v. McMartinNew York Supreme Court · 1849
- Cornell v. LambNew York Supreme Court · 1823
3Cited by33 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Morris v. GlaserNew Jersey Court of Chancery · 1930
- Reeves v. BrooksSupreme Court of Alabama · 1885
- North v. PuckettTennessee Supreme Court · 1932
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