Beach v. President of the Fulton Bank
Court for the Trial of Impeachments and Correction of Errors
Motion to dismiss appeal. On the third day of March last the chancellor denied an application made by the appellants to open the proofs taken in a cause in which the respondents were complainants and the appellants were defendants, for the purpose of re-examining a witness produced on the part of the respondents. The motion was denied with costs.
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Motion to dismiss appeal. On the third day of March last the chancellor denied an application made by the appellants to open the proofs taken in a cause in which the respondents were complainants and the appellants were defendants, for the purpose of re-examining a witness produced on the part of the respondents. The motion was denied with costs. It appeared that since the examination of the witness in chancery, he had been called to testify in a cause tried in the superior court of the city of New-York, and on that occasion disclosed facts which the appellants alleged were material and…
1Opinion of the Court
Marcy, one of the Justices of the Supreme Court.
The questions presented by the motion under consideration are two : 1. Is there a description of interlocutory orders of the court of chancery clearly defined by the decisions of this court, from which no appeal lies, embracing the order appealed from in this case % and 2. If there be no such class of orders, can an appeal be sustained on the order in question, considering its character and object %
By the eighth section of the statute relative to this court, (1 R. L. 134,) the right of appeal is expressly given to all persons aggrieved by any…
2Cited by13 opinions
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- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
- Belt v. DavisCalifornia Supreme Court · 1850
- Read v. PattersonSupreme Court of New Jersey · 1888
- Kennedy's heirs v. Kennedy's heirsSupreme Court of Alabama · 1842
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