Legal Opinion

Batterman v. Finn

New York Court of Appeals

Decided March 15, 1869PublishedCited by 6 opinions

1Opinion of the Court

The Coubt, pee J ames, J.

It is insisted by the respondent, that these orders are not appealable at this stage of the action, and not until after final judgment.

Appeals to this court are governed entirely by section 11 of the Code, and unless authority is found there, an appeal at the present stage of the action is not authorized.

It seems that the original action is still pending and undetermined; that the proceedings to obtain these attachments for contempt were in the original action by orders to show cause; that being so, they were orders in the action, not special proceedings, as defined…

2Cited by6 opinions

  1. Brinkley v. . BrinkleyNew York Court of Appeals · 1871
  2. Hewlett v. . ElmerNew York Court of Appeals · 1886
  3. Carrington v. . Florida Railroad Co.New York Court of Appeals · 1873
  4. Carrington v. Florida RailroadNew York Court of Appeals · 1873
  5. Ex parte FranceIndiana Supreme Court · 1911

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