Hasbrook v. Kingston Board of Education
New York Court of Appeals
Appeals from orders. Two appeals were taken in actions relating to the collection of the same tax, and raising the same question ; and were brought before the court of appeals at the same time. The one was in an action brought by Abraham B. Hasbronck and others, appellants, against the Kingston Board of Education, Elijah Ellsworth, collector, and Cornelius Burhaus, treasurer of the Kingston School District, resj)ondents.
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Appeals from orders. Two appeals were taken in actions relating to the collection of the same tax, and raising the same question ; and were brought before the court of appeals at the same time. The one was in an action brought by Abraham B. Hasbronck and others, appellants, against the Kingston Board of Education, Elijah Ellsworth, collector, and Cornelius Burhaus, treasurer of the Kingston School District, resj)ondents. The other was in an action brought by the People of the State of New York, appellants, against the same defendants, respondents. They were appeals from orders of the supreme…
1Opinion of the CourtHunt, J.
—The objection is made, that the orders in question are not appealable to this court. I think the objection is well taken.
It is claimed that the appeal is sustainable under subdivision 2 of section 11 of the Code, which gives such appeal from “an order affecting a substantial right . . .
when such an order in effect determines the action, and prevents a judgment from which an appeal might be taken,” or discontinues the action, or grants or refuses a new trial. The order in question does not determine the action or prevent a judgment from which an appeal might be taken. It may possibly…
2Cases cited2 opinions
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Mutual Benefit Life Insurance v. Board of SupervisorsNew York Court of Appeals · 1866
3Cited by1 opinion
- Kilbourne v. AllynNew York Supreme Court · 1873