Cooley v. Cummings
The Superior Court of New York City
Appeal from so much of a judgment as awards costs in the action to the plaintiffs, and from a certificate granted by the trial judge, certifying that the title to real estate came in question on the trial.
1Opinion of the Court
By the Court.—Dugro, J.
This is an appeal from so much of a judgment as awards costs in the action to the plaintiffs, and from a certificate granted by the trial justice, certifying that the title to real estate came in question on the trial. .
The certificate was conclusive upon the taxing officer, Lillis v. O’Connor, 8 Hun 280, and he therefore committed no error in entering judgment so as to include costs.
I do not believe that the granting of a certificate is such an intermediate order as is when specified in the notice of appeal brought up for review by an appeal from a final judgment, and…
2Cases cited1 opinion
- Barney v. KeithNew York Supreme Court · 1831