Harris v. Clark
New York Supreme Court
Motions to set aside appeals, and an order at special term; and also an order made at general term in New-York; and for attachments. In 1845, the plaintiff filed her bill before the chancellor, in this case, praying that the will of Sidney Smith, deceased, be declared void ; and that it be also decreed that his real estate descended to his heirs at law, and that the assets be distributed to his next of kin.
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Motions to set aside appeals, and an order at special term; and also an order made at general term in New-York; and for attachments. In 1845, the plaintiff filed her bill before the chancellor, in this case, praying that the will of Sidney Smith, deceased, be declared void ; and that it be also decreed that his real estate descended to his heirs at law, and that the assets be distributed to his next of kin. This court, at general term, declared said will utterly void as to both the real and personal estate, and decreed that the real estate descended to the heirs at law; that the defendant,…
1Opinion of the Court
Mason, Justice.
As to the motion to dismiss appeal from the order made at the Ithaca special term on the 24th of August, 1854, I am entirely satisfied, after a careful examination of the question, that the motion must be denied, without considering the merits of the motion, for the reason that this motion should be made at the general term, and cannot with any propriety be heard at special term—conceding that the special *420term has jurisdiction to entertain such a motion, which I am well satisfied the special term does not possess. I have not heen able to find any decision holding that an…
2Cases cited2 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- Hunt v. WallisNew York Court of Chancery · 1837
3Cited by4 opinions
- Wyandotte State Bank v. MurraySupreme Court of Kansas · 1911
- De Comeau v. PeopleThe Superior Court of New York City · 1868
- Bailey v. ScottSouth Dakota Supreme Court · 1890
- Satterlee v. De ComeauThe Superior Court of New York City · 1868