Brown v. . Feek
New York Court of Appeals
Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 3, 1911, affirming an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in an action of partition. The motion/was made upon the ground that an appeal cannot he taken to. the Court of Appeals from an interlocutory judgment.
1Opinion of the CourtWerner, J.
The action is in' form for a partition or sale of real property; but as between the appellants and respondents it is in fact an action to determine the title.
Certain of the defendants have appealed to this court from an order of the Appellate Division, which affirmed a judgment of the Special Term containing the usual provisions decreeing that a sale of the premises in question was necessary, appointing a referee, etc., and also deciding that the appellants have no right or title to such premises. The respondent has moved to dismiss the appeal upon the ground that the order appealed from is…
2Cases cited2 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Tilton v. . VailNew York Court of Appeals · 1889
3Cited by13 opinions
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- Beers v. HotchkissNew York Court of Appeals · 1931
- Clement v. FergusonSupreme Court of Oklahoma · 1955
- County of Nassau v. Lincer, New York County Courts1938
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