Halsey v. Van Amringe
New York Court of Chancery
This was a petition by Van Amringe and wife, parties in whose favor a decree of a surrogate had been made upon the final accounting of an administrator, for leave to proceed before the surrogate, on the ground that the appeal entered in the court below had been waived by the neglect of the appellant to file his petition of appeal in this court within the time prescribed in the 118th rule.
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This was a petition by Van Amringe and wife, parties in whose favor a decree of a surrogate had been made upon the final accounting of an administrator, for leave to proceed before the surrogate, on the ground that the appeal entered in the court below had been waived by the neglect of the appellant to file his petition of appeal in this court within the time prescribed in the 118th rule. The appeal was filed in the office of the surrogate, and was perfected, by giving a bond aa required by the statute, on the first of November, 1833. And no petition of appeal had been filed in this court, on…
1Opinion of the Court
The Chancellor.
By the 118th rule, if the appellant neglects to file his petition of appeal addressed to this court, with the register or assistant register, within fifteen days after he has entered the appeal with the surrogate, by filing the appeal and giving a bond as required by the statute, (2 R. S. 611, § 117,) the appeal is to be considered as waived. This, however, is not such a waiver as to deprive this court of all jurisdiction over the case, and to authorize the surrogate to proceed as if no appeal had ever been entered. But it is such a waiver as to enable this court to declare the…
2Cited by6 opinions
- Gardner v. BrownNew York Supreme Court · 1850
- Hynes v. McCreeryNew York Surrogate's Court · 1882
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- State ex rel. Taylor v. CassidySupreme Court of New Jersey · 1876
- Suffern v. LawrenceNew York Supreme Court · 1848
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