Thurber v. Chambers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, requiring plaintiffs to accept a notice of appeal from judgment herein, as of the day when said notice was served, i. e., June 24,1874, and that said appeal stand. (Reported below, 4 Hun, 721.) This was an action for partition. It was referred to a referee to take proof and report the same with his findings.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, requiring plaintiffs to accept a notice of appeal from judgment herein, as of the day when said notice was served, i. e., June 24,1874, and that said appeal stand. (Reported below, 4 Hun, 721.) This was an action for partition. It was referred to a referee to take proof and report the same with his findings. Upon the coming in of his report, and on motion for judgment thereon at a Special Term, a decree was rendered, on the 14th Hay, 1874, which adjudged costs in favor of plaintiffs against five of…
1Per curiam
We think the appeal was taken in time. The order of the General Term, therefore, although perhaps not necessary, alfected no substantial right, and the appeal to this court must be dismissed, with costs.
All concur.
Appeal dismissed.
2Cited by1 opinion
- Purdy v. PetersNew York Supreme Court · 1861