Griffin v. Cranston
The Superior Court of New York City
Motion by the plaintiff to vacate an order for a new trial, made at a previous General Term. The action was brought by a judgment creditor of one member of an alleged co-partnership, in carrying on a hotel, to set aside an assignment and for an account of the debtor’s interest in the business.
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Motion by the plaintiff to vacate an order for a new trial, made at a previous General Term. The action was brought by a judgment creditor of one member of an alleged co-partnership, in carrying on a hotel, to set aside an assignment and for an account of the debtor’s interest in the business. It was tried at Special Term before a Judge without a jury, and after the cause had been submitted for decision the Judge determined some of the questions in controversy; the fact -of co-partnership, the terms thereof, and the liability, to account, and right to distribution, and directed a reference to…
1Opinion of the Court
By the Court—Woodruff, J.
The Court of Appeals have decided that no appeal will lie to that Court from the order or decree made herein, until the reference thereby directed shall have been had and a final judgment entered: that such decree, or order, is not a final judgment within the meaning of that term, as used in the Code.
The insuperable obstacle to a hearing of an appeal in the present stage of the action is, that that Court has no jurisdiction to entertain the appeal.
This Court, in General Term, have decided, in a similar case, (Lawrence v. The Farmers’ Loan and Trust Co., 6 Duer, 689;…
2Cases cited1 opinion
- Lawrence v. Farmers' Loan & Trust Co.The Superior Court of New York City · 1857
3Cited by5 opinions
- Arnold v. SinclairMontana Supreme Court · 1892
- Kiel v. ReayCalifornia Supreme Court · 1875
- Brown v. BrownThe Superior Court of New York City · 1865
- More v. RandNew York Court of Common Pleas · 1875
- Stokes v. StokesNew York Supreme Court · 1895