People v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William B. Jackson and another, from an order of the Supreme Court, made at the Erie Special Term, bearing date the 11th day of May, 1906, and entered in the office of the clerk of the county of Erie.
1Dissent
Kruse; J. (dissenting) :
At the outset the district attorney challenges the right of the defendants to appeal from the order sought to be reviewed, and moves to dismiss the appeal upon the ground that the order is not appealable.
We approach the consideration of this question well aware that the Appellate Division of this court in the first department has held that an independent appeal will lie by a defendant from such an order (People v. Sarvis, 69 App. Div. 604, and we ourselves have entertained like appeals. (People v. Georger, 109 App. Div. 111; People v. Bartels, 110 id. 922; 96 N. Y. *364Supp…
2Cases cited8 opinions
- People v. . McLaughlinNew York Court of Appeals · 1896
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- People v. . TrezzaNew York Court of Appeals · 1891
- People v. . PrioriNew York Court of Appeals · 1900
- People v. RutherfordAppellate Division of the Supreme Court of the State of New York · 1900
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