Velleman v. . Rohrig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1908, which affirmed an order of Special Term directing distribution of snrplus moneys arising upon a mortgage foreclosure. The order is appealable to this court since a surplus proceeding is a special proceeding. (1 Fiero on Spec. Proc. [2d ed.] 15, 457; Wiltsie on Mortgage Foreclosures, § 753; Nicholls N. Y. Practice, 16; M. L. Ins.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1908, which affirmed an order of Special Term directing distribution of snrplus moneys arising upon a mortgage foreclosure. The order is appealable to this court since a surplus proceeding is a special proceeding. (1 Fiero on Spec. Proc. [2d ed.] 15, 457; Wiltsie on Mortgage Foreclosures, § 753; Nicholls N. Y. Practice, 16; M. L. Ins. Co. v. Anthony, 33 Wkly. Dig. 427; Elwell v. Robbins, 43 How. Pr. 108; Matter of Gibbs, 58 How. Pr. 502; U. D. S. Inst. v. Osley, 4 Hun, 657;…
1Per curiam
Hpon the argument it was insisted by the learned counsel for the respondent that no appeal could be taken to this court, without permission, -from an order for the distribution of surplus moneys arising upon the foreclosure of a mortgage by action.
Such appeals have been before us since the adoption of the revised Constitution, and we have uniformly held that we had jurisdiction to decide them, because such, orders, even if entitled in the action, are not made therein, but in a special proceeding commenced after the action is ended by a final judgment which effects every object that the action…
2Cases cited2 opinions
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- State v. RodriguezOhio Court of Appeals · 1959
- Lobbett v. GalpinAppellate Division of the Supreme Court of the State of New York · 1930
- Best v. PattenNew York Supreme Court · 1936
- Roslyn Savings Bank v. JonesNew York Supreme Court · 1972
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