Anderson v. Anderson
New York Supreme Court
This was a motion to dismiss an appeal from an interlocutory order of the court of chancery. The appellant, who was the defendant in the court below, made a motion before the chancellor on the 6th of September, 1837, which was denied by the chancellor on the 27th August, 1838. Daniel Anderson, the respondent, who was the complainant below, having died in the month of May, intermediate the hearing and the decision, the order of the chancellor denying the motion was, by his…
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This was a motion to dismiss an appeal from an interlocutory order of the court of chancery. The appellant, who was the defendant in the court below, made a motion before the chancellor on the 6th of September, 1837, which was denied by the chancellor on the 27th August, 1838. Daniel Anderson, the respondent, who was the complainant below, having died in the month of May, intermediate the hearing and the decision, the order of the chancellor denying the motion was, by his direction, entered nunc pro tunc, as of the time the motion was heard. On the 11th September, 1838, the solicitor for…
1Opinion of the Court
After advisement the following opinion was delivered :
By Mr. Justice Bronson.
‘The party has fifteen days after notice of an interlocutory decree or order of the court of chancery within which to appeal to this court. 2 R. S. 605, § 79. Knowledge of the order is not enough ; there must be a formal written notice to the party or his solicitor, before the fifteen days: will commence running. Jenkins v. Wild, 14 Wendell, 539. In this case the suit abated by the death of the complainant. It could not be further prosecuted, nor could any thing be done to prejudice the rights of the defendant, until…
2Cases cited2 opinions
- Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
- Rogers v. PatersonNew York Court of Chancery · 1834
3Cited by3 opinions
- In re the Estate of CoffinNew York Surrogate's Court · 1934
- City of Charlottesville v. Stratton's AdministratorSupreme Court of Virginia · 1903
- Hochgraef v. HendrieMichigan Supreme Court · 1887