Dickenson v. Codwise
New York Court of Chancery
This was an application by the defendant, Mary Codwise, for the dismissal of an appeal, by the complainants, from certain parts of the decree of the assistant vice chancellor, in this case, upon the ground that the appeal was not brought within the time, allowed by law, for appealing from interlocutory decrees of vice chancellors.
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This was an application by the defendant, Mary Codwise, for the dismissal of an appeal, by the complainants, from certain parts of the decree of the assistant vice chancellor, in this case, upon the ground that the appeal was not brought within the time, allowed by law, for appealing from interlocutory decrees of vice chancellors. The bill was filed by one of the daughters and devi-sees of G. Codwise, deceased, and by her hupband, against the widow of the decedent, and his other devisees, for the partition of several parcels of land in the city of New-York, and for an account of the rents and…
1Opinion of the Court
The Chancellor.
Some parts of the decree appealed from, and embraced in this appeal, are clearly interlocutory; and as the- appeal was not entered within the time allowed by law, for appealing from an interlocutory decree, a part of the appeal at least must be dismissed. Two questions, therefore, require to be considered: First, whether that part of the decree which declares and settles that the respondent is entitled, in her own right, to two parcels of the land of which the complainants sought partition, by their bill, and which two parcels the other parties in the suit are directed to…
2Cited by8 opinions
- McAuslan v. McAuslanSupreme Court of Rhode Island · 1912
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Perkins v. Sierra Nevada Silver Mining Co.Nevada Supreme Court · 1876
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
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