Taylor v. Baldwin
New York Supreme Court
This was an appeal by the defendants Oadwell and Baldwin, /rom a decision made by a justice of this court, at special term, respecting the distribution of surplus moneys arising from the sale of mortgaged premises. The case at special term is reported ante, p. 582, where the facts will be found stated.
1Opinion of the Court
By the Court, Allen, J.
Stephen W. Oadwell and Harry Baldwin respectively complain of so much of the order made in this proceeding, at the special term, as postpones their claims to parts of the surplus moneys which are the subject of this litigation, to the other claimants. The other parts of the order are acquiesced in by the parties interested. There is some question whether a rehearing is the proper method for reviewing the order in this case, and whether such proceeding is not abrogated and an appeal substituted, in cases like the present. But as no formal objection was taken by the…
2Cases cited8 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- In re HoweNew York Court of Chancery · 1828
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Putnam v. RitchieNew York Court of Chancery · 1837
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
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3Cited by5 opinions
- In re DiackDistrict Court, S.D. New York · 1900
- In re the Estate of BurroughsNew York Surrogate's Court · 1930
- Collins v. Richmond Stove Co.Supreme Court of Connecticut · 1893
- White v. DrewSupreme Court of Missouri · 1868
- Hathaway v. County of DelawareAppellate Division of the Supreme Court of the State of New York · 1905