Parish v. . Parish
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial deparment, entered December 13, 1902, which reversed an order of Special Term denying the application of the purchaser at a partition sale to be relieved from his purchase. The facts, so far as material, are stated in the opinion. The order is appealable.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial deparment, entered December 13, 1902, which reversed an order of Special Term denying the application of the purchaser at a partition sale to be relieved from his purchase. The facts, so far as material, are stated in the opinion. The order is appealable. (Merges v. Ringler, 158 N. Y. 701; Kingsland v. Fuller, 157 N. Y. 507.) The court did not violate rule 49 in the appointment of guardians ad liiem. (Brevoort v. Brevoort, 70 N. Y. 136; Smith v. Smith, 10 Paige, 470; Hayward v. Judson, 4 Barb. 228;…
1Opinion of the CourtCullen, J.
The order of the Appellate Division is appeal-able to this court. This has been so held in three recent cg-ses. (Holme v. Stewart, 155 N. Y. 695; Kingsland v. Fuller, 157 N. Y. 507; Merges v. Ringler, 158 N. Y. 701.) An application to compel a purchaser to take’title and that of a purchaser to be relieved from his bid are regarded as special proceedings. When the applications involve questions of fact or the' exercise of discretion, the determination of such questions cannot be reviewed here; but when they present solely questions of law their examination is open to this court; so in…
2Cases cited7 opinions
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Kingsland v. . FullerNew York Court of Appeals · 1899
- Brevoort v. . BrevoortNew York Court of Appeals · 1877
- Merges v. . RinglerNew York Court of Appeals · 1899
- Corbin v. . BakerNew York Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Coleman v. CrawfordWashington Supreme Court · 1926
- In re the Estate of WechslerNew York Surrogate's Court · 1934
- People v. New York Building-Loan Banking Co.New York Court of Appeals · 1907
- Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903
- Lauder v. MeseroleAppellate Division of the Supreme Court of the State of New York · 1912
7 more not listed; retrieve them via the Exa API.