Cuyler v. Moreland
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the eighth circuit. The complainant having recovered a judgment in the supreme court against the defendant James Moreland, issued an execution thereon to the sheriff of Ontario county, where the defendant then resided ; which execution was returned unsatisfied.
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This was an appeal from a decision of the vice chancellor of the eighth circuit. The complainant having recovered a judgment in the supreme court against the defendant James Moreland, issued an execution thereon to the sheriff of Ontario county, where the defendant then resided ; which execution was returned unsatisfied. Two or three years afterwards he issued another execution to Monroe county, to which the defendant had then removed, and where he was in possession of real and personal estate, which he denied to lie his when the sheriff came with the execution. The complainant thereupon, and…
1Opinion of the Court
The Chancellor.
This appeal appears to have been improperly brought in the names of all these appellants jointly, as some of them appear to have no interest in reversing that part of the decision of the vice chancellor to which the appeal relates. Ho one can appeal from an order or decree who is not injured thereby. And even a party who is aggrieved by one branch of a decree does not thereby acquire a right to call in question another portion of the decree which has no bearing or effect upon his rights and interests. (Steele v. White, 2 Paige's Rep. 478. Idley v. Bowen, 11 Wend. Rep. 227.)
The…
2Cited by32 opinions
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- McGregor v. PearsonWisconsin Supreme Court · 1881
- Enos v. CappsIllinois Supreme Court · 1850
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