Cruger v. Douglass
New York Supreme Court
In Equity. The plaintiff filed his bill of complaint in the late court of chancery, to enforce the execution of an appointment made by virtue of a post-nuptial settlement, or to revoke the settlement itself. The cause was heard before the late vice chancellor of the first circuit, and afterwards in this court, on appeal from his decision.
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In Equity. The plaintiff filed his bill of complaint in the late court of chancery, to enforce the execution of an appointment made by virtue of a post-nuptial settlement, or to revoke the settlement itself. The cause was heard before the late vice chancellor of the first circuit, and afterwards in this court, on appeal from his decision. The general term, on such appeal, affirmed the decree of the vice chancellor, and among other things decreed that the defendants, as trustees, should forthwith out of the trust funds in their hands, pay to the plaintiff the sum of $5000, but awarded no…
1Opinion of the Court
By the Court, Edmonds, P. J.
The grounds on which the motion to dismiss the appeal was rested were all disposed of on the argument except two:
1. That the appeal had been irregularly taken, and
2. That the order was of such a nature that it was not the subject of an appeal.
The irregularity is said to consist in this: that proceedings were stayed, while such security was not given as to justify a stay of proceedings, but only an undertaking in $250 as security for costs. The want of such security will not vitiate the appeal. It can only operate to vacate the order to stay proceedings. That might…
2Cases cited13 opinions
- Trustees of the Freeholders & Commonalty of Huntington v. NicollNew York Supreme Court · 1808
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- M'Credie v. E. & R. SeniorNew York Court of Chancery · 1834
- Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
- Clason v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1814
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3Cited by2 opinions
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- Fassett v. TallmadgeNew York Supreme Court · 1862