McCall v. . McCall
New York Court of Appeals
Appeal by the defendant, Dugald McCall, from a judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment entered on the report of a referee. The facts material to the decision in this court are sufficiently stated in the opinion of the Chief Commissioner. Before the Code, a bill of review was in the nature of a writ of error. (Story’s Eq. PL, 320, § 403; 2 Barb.
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Appeal by the defendant, Dugald McCall, from a judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment entered on the report of a referee. The facts material to the decision in this court are sufficiently stated in the opinion of the Chief Commissioner. Before the Code, a bill of review was in the nature of a writ of error. (Story’s Eq. PL, 320, § 403; 2 Barb. Ch. Pr., 90; Bartlett v. Fifield, 45 N. H., 81.) Under the Code, writs of error in civil actions are abolished, and title eleven of the Code provides the only mode of reviewing a judgment…
1Opinion of the Court
It appears, by the complaint and the report of the referee in this action, that a judgment for the sale of the real estate in this State, of which John R. McCall died seized, and for the distribution of the proceeds thereof, was, on the 26th day of December, 1865, entered in an action pending in the Supreme Court, wherein John Spratt, one of the defendants herein, was plaintiff, and the plaintiffs in the present action and the above named appellant, Dugald McCall, were defendants. That was an action for the partition of such real estate among the parties entitled thereto, and for a sale…
2Cases cited1 opinion
- Tripp v. VincentNew York Court of Chancery · 1840
3Cited by9 opinions
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Clark v. . ScovillNew York Court of Appeals · 1910
- Exley v. BerryhillSupreme Court of Minnesota · 1886
- Parszyk v. MachSouth Dakota Supreme Court · 1898
- Mingay v. . LackeyNew York Court of Appeals · 1894
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