Dows v. . Congdon
New York Court of Appeals
Appeal from an order of the Supreme Court, affirming an order of the special term for a resale of mortgaged premises, and directing a reference to ascertain the value of the land without the improvements, in the possession and use of the defendants Gongdon, Mail’s and Potter, owners of the Canandaigua and Niagara Falls Bail Boad, and of the Buffalo, New York and Erie Rail Road Company, successors of the Buffalo, Corning and New York Rail Road Company.
1Opinion of the CourtWright, J.
There is a preliminary question, viz. whether an appeal lies to this court from the order. Our jurisdiction to review orders is limited to three classes: 1st. When an order affecting a substantial right is made in an action, and in effect determines the action and prevents a judgment from, which an appeal may be taken; 2d. When the order grants or refuses a new trial; 3d. A final order, affecting a substantial right, made in a special proceeding or upon a summary application, in an action, after judgment. (Code, § 11.) The order which the appellants seek to review sets aside a sale of…
2Cited by11 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Howell v. . MillsNew York Court of Appeals · 1873
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1896
- Eastman v. GurreyUtah Supreme Court · 1896
- Zouppas v. YannikidouAppellate Division of the Supreme Court of the State of New York · 1962
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