Alexander v. Bennett
The Superior Court of New York City
Appeal from an order directing the removal of this-action from this court, for trial, in the marine court of" the city of New York. Heard at the November general term, 1874, before all the judges, except Judge Freedman, from whose order the appeal was taken. The action was for the recovery of the sum of two thousand seven hundred dollars, the balance unpaid. of a loan from the plaintiff to the defendant of four-thousand five hundred dollars.
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Appeal from an order directing the removal of this-action from this court, for trial, in the marine court of" the city of New York. Heard at the November general term, 1874, before all the judges, except Judge Freedman, from whose order the appeal was taken. The action was for the recovery of the sum of two thousand seven hundred dollars, the balance unpaid. of a loan from the plaintiff to the defendant of four-thousand five hundred dollars. The answer was a general denial, and a counterclaim of three hundred dollars. Upon the following affidavit, and upon the motion of the plaintiff, and…
1Dissent
Sedgwick, J. (dissenting).
The court of appeals-in Illius v. The N. Y. & N. H. R. R. Co. (13 N. Y. 597), held that an appeal does not lie from an order removing an action commenced in a state court to the-U. S. circuit court, on the ground that the defendant is a citizen of another State, and gave as one reason, that such an order does not affect a substantial right within section 11 of the Code. The court said ‘Moreover, in the view suggested, it did not affect a substantial right within the meaning of the Code. Whatever grounds of preference the plaintiff may have for one tribunal over…
2Cases cited1 opinion
- Illius v. . the New-York and New Haven Railroad Co.New York Court of Appeals · 1856