In re the Estate of Loewenguth
Appellate Division of the Supreme Court of the State of New York
Appeal by Emil J. Loewenguth and another, as administrators, etc., of Clara Loewenguth, deceased, from an order of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 12th day of April, 1906, overruling the objections of the appellants to the jurisdiction of the court to hear the proofs of the petitioners Werner and Harris praying that the surrogate fix the value of their services as attorneys and counselors rendered the estate of said…
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Appeal by Emil J. Loewenguth and another, as administrators, etc., of Clara Loewenguth, deceased, from an order of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 12th day of April, 1906, overruling the objections of the appellants to the jurisdiction of the court to hear the proofs of the petitioners Werner and Harris praying that the surrogate fix the value of their services as attorneys and counselors rendered the estate of said deceased.
1Opinion of the Court
Nash, J.:
The order is not appealable. It disallows and overrules the objections of the administrators to the jurisdiction of the court, but is not final as jurisdiction has not been exercised, and, therefore, does not involve a substantial right. (Matter of Soule, 46 Hun, 661; Matter of Phalen, 51 id. 208 ; Matter of Pearsall, 21 N. Y. St. Repr. 305 ; Matter of Burnett, 15 id. 116.)
Neither party having raised the question of the appealability of the order, the appeal should be dismissed, without costs.
All concurred.
Appeal dismisséd, without costs, upon the ground that the order is not…
2Cited by1 opinion
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