St. John v. Croel
New York Supreme Court
Appeal from an order made at special term, on petition for leave to file supplemental complaints. The actions were commenced in 1840, and were all ejectment suits to recover parcels of land in Ontario county, of which the defendants in the several suits were respectively alleged to be in possession.
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Appeal from an order made at special term, on petition for leave to file supplemental complaints. The actions were commenced in 1840, and were all ejectment suits to recover parcels of land in Ontario county, of which the defendants in the several suits were respectively alleged to be in possession. The petition states, that the premises in question, in all the suits, are parcels of certain lands purchased for, and conveyed to, the above named plaintiffs and their deceased sisters, Isabella St. John and Antoinette St. John, children of the late lord Bolingbroke, in joint tenancy, in the year…
1Opinion of the Court
By the court—Welles, Justice.
The only question on the motion to dismiss the appeal, which is not put to rest by the counter affidavits, is, whether the order is appealable. The *257349th section of the Code allows an appeal to the general term, from an order made at special term, in five different cases. The third is, “where" it involves the merits of the action, or affects' a substantial right”
There can be no doubt, I apprehend, that the order appealed from in this case does affect a substantial right. I shall therefore proceed to the consideration of the appeal upon its merits.
The Revised…
2Cases cited2 opinions
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
- James v. BennettNew York Supreme Court · 1833
3Cited by9 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Sheldon v. AdamsNew York Supreme Court · 1863
- Jones v. WalkerWisconsin Supreme Court · 1867
- Smith v. HarringtonWyoming Supreme Court · 1891
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