Weill v. Levi

On Motion to Dismiss.

The opinion of the Court was delivered by

Todd, J. The motion rests upon two grounds :

1st. Want of jurisdiction; and

2d. Want of proper order of appeal.

The plaintiffs seized and sold certain real estate of the defendant, *136which realized $13,000. A third opposition was made claiming $1,000 out of that amount in preference to the plaintiffs.

The contest relates exclusively to the distribution of a fund exceeding $2,000. The plaintiffs claim the entire fund,

It has been decided in a similar case that this Court had jurisdiction. Renshaw vs. Stafford, 34 Ann. 1138.

The third…