Snell v. Loucks
New York Supreme Court
At the special term of this court, held before Justice Cady, at Fonda, on the 25th day of November, 1850, a motion was made for a perpetual stay of the execution in this cause, and for an order compelling the plaintiff to acknowledge satisfaction thereon, upon the ground that the same had been fully paid and satisfied.
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At the special term of this court, held before Justice Cady, at Fonda, on the 25th day of November, 1850, a motion was made for a perpetual stay of the execution in this cause, and for an order compelling the plaintiff to acknowledge satisfaction thereon, upon the ground that the same had been fully paid and satisfied. On the part of the plaintiff it was admitted that certain payments had been made, either to the plaintiff or Hiram Riggs, his attorney, and which were credited on the execution. The point in dispute between the parties was as to a payment said to have been made to the…
1Opinion of the Court
By the Court,
Willabd, P. J.
This appeal having been taken on the 21st August last, is governed by the existing code of 1851. There can be no appeal under the code, to the general term, except from a judgment entered upon the report of referees, on the direction of a single judge of the same court; {Code, § 348,) or from an order made at a special term, or by a single judge of the same court, or a county judge. (Id. 349.) There was neither a judgment nor an order in this case, but merely the finding of a jury. The issue tried in this case was a substitute for a feigned issue under the former…
2Cases cited3 opinions
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Mulock v. MulockNew York Court of Chancery · 1831
- Thomas v. Merchants' BankNew York Court of Chancery · 1841
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- Carroll v. . BullockNew York Court of Appeals · 1913
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- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
- Brinkley v. BrinkleyNew York Supreme Court · 1874
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