Stevens v. Central National Bank of Boston
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1898, affirming an order of Special Term directing the entry of a judgment in favor of defendants and award-: ing them costs and an extra allowance, and dismissing the appeal from such judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1898, affirming an order of Special Term directing the entry of a judgment in favor of defendants and award-: ing them costs and an extra allowance, and dismissing the appeal from such judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The order is one finally determining an action and is, therefore, appealable. (Code Civ. Pro. §§ 190, 3228-3230.) This court has not jurisdiction to review the order appealed from. ( Van Arsdale…
1Opinion of the CourtO’Brien, J.
The judgment in this case having been affirmed in this court (144 N. Y. 50), was taken to the Supreme Court of the United States upon a writ of error, where it was reversed, with costs, in so far as it affected the Central National Bank of Boston and the parties represented by it in the litigation. The case was remitted to this court by the Federal court with its mandate that further proceedings be had in the state courts not inconsistent with the decision. This court remitted the record with the mandate to the Supreme Court of this state with directions to carry the judgment of the Federal…
2Cases cited2 opinions
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Stevens v. Central National Bank of BostonNew York Court of Appeals · 1894
3Cited by12 opinions
- Guaranty Trust Co. v. State of New YorkNew York Court of Appeals · 1949
- Matter of City of New York (Court House)New York Court of Appeals · 1916
- Donnelly v. BauderAppellate Division of the Supreme Court of the State of New York · 1926
- Silverstein v. Standard Accident Insurance of Detroit, MichiganNew York Court of Appeals · 1917
- Foley v. CarterAppellate Division of the Supreme Court of the State of New York · 1925
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