Steamship Richmond Hill Co. v. . Seager
New York Court of Appeals
Motion for realignment of motion to dismiss appeal, reported 159 H. Y. 574. The appeal was from an order of the Appellate Division in the first department, reversing an order of the Special Term which vacated an execution against the person of the defendant, judgment debtor.
1Opinion of the CourtMartin, J.
This is an application for the reargument of a motion to dismiss the appeal herein. The motion was granted upon the ground that no valid appeal had been, taken to this-court. Manifestly, the'order appealed from was hot a final order in a special proceeding, and, consequently, no appeal could properly be taken unless allowed by the Appellate Division. Without obtaining such an allowance the appellant served a notice of appeal. Hé afterwards obtained an order allowing an appeal, and two questions were certified by that court to be answered by the Court of Appeals. Ho notice of appeal was…
2Cases cited2 opinions
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Lane v. . WheelerNew York Court of Appeals · 1885
3Cited by5 opinions
- Porter v. . International Bridge Co.New York Court of Appeals · 1900
- Cook v. Mills Ranch-Resort Co.New Mexico Supreme Court · 1926
- Terwilliger v. . Browning, King Co.New York Court of Appeals · 1913
- Territory v. WillsHawaii Supreme Court · 1922
- Cohen v. Cocoline Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1957