Anderson v. . Daley
New York Court of Appeals
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1899, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1899, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to recover from George H. Daley and the executrix of George A. Jones the sum of $28,886.4(> belonging to the estate of Albert Ward, deceased, alleged to-have been “unlawfully loaned, appropriated and used” by Daley (who was the trustee of the Ward estate) and George A. Jones, deceased. The judgment, which was entered…
1Opinion of the CourtMartin, J.
The respondents move to dismiss the appeal in this case upon the ground that the judgment from which it was taken was interlocutory, and, hence, not appealable to this court as a matter of right. The only appeals that may be taken to the Court of Appeals from a decision of the Appellate Division as a matter of right are from judgments and orders finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the required stipulation is given. (Code C. P. § 190.)
The judgment in this case is clearly interlocutory both in form and in substance and…
2Cases cited1 opinion
- Ray v. New York Bay Extension RailroadNew York Court of Appeals · 1898
3Cited by10 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Whitney v. Citibank, N.A.Court of Appeals for the Second Circuit · 1986
- Wechsler v. BowmanNew York Court of Appeals · 1941
- Nedd v. United Mine Workers Of AmericaCourt of Appeals for the Third Circuit · 1977
- Nedd v. United Mine WorkersCourt of Appeals for the Third Circuit · 1977
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