Weaver v. . Barden
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order reversing a judgment in favor of defendant (which was entered upon decision of the court at Special Term), and directing a judgment in favor of plaintiff. Action to compel a transfer of thirteen shares of the stock of the Knickerbocker Stage Company of Hew York. The facts sufficiently appear in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order reversing a judgment in favor of defendant (which was entered upon decision of the court at Special Term), and directing a judgment in favor of plaintiff. Action to compel a transfer of thirteen shares of the stock of the Knickerbocker Stage Company of Hew York. The facts sufficiently appear in the opinion. As the reversal was not upon questions of fact, the court will not look behind the findings. (Morse v. Liverpool Ins. Co., 35 N. Y., 664; Baldwin v. Van Duzer, 38 id.,…
1Concurrence
The counsel for the respondent insists that the judgment is not a final determination of the controversy, and therefore not appealable to this court. The judgment determines that the plaintiff is entitled to the thirteen shares of stock, the subject of the litigation, and adjudges and directs the defendant, within five days after notice of its entry, to assign and deliver the same to the plaintiff, together with all evidence and papers relating to the title. It also determines that the plaintiff is entitled to recover costs of the defendant, and adjusts the amount thereof at $403.55, and…
2Cases cited5 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Brown v. . LeavittNew York Court of Appeals · 1865
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Seymour v. . WilsonNew York Court of Appeals · 1859
- Butler v. LeeNew York Court of Appeals · 1866