Brady v. . Donnelly
New York Court of Appeals
Motion to dismiss appeal. The case was this: The bill was filed before the Vice Chancellor of the First Circuit, and the defendant Brady put in a demurrer thereto, which was overruled by the Vice Chancellor, with leave to file a second demurrer. The defendant appealed to the Chancellor, who, on the 26th of May, 1846, made an order affirming the decision of the Vice Chancellor, and from that order the appeal to this Court now in question was taken.
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Motion to dismiss appeal. The case was this: The bill was filed before the Vice Chancellor of the First Circuit, and the defendant Brady put in a demurrer thereto, which was overruled by the Vice Chancellor, with leave to file a second demurrer. The defendant appealed to the Chancellor, who, on the 26th of May, 1846, made an order affirming the decision of the Vice Chancellor, and from that order the appeal to this Court now in question was taken. In pursuance of the leave given, as above mentioned, the defendant, before the 26th of May, 1846, put in a second demurrer, which was also…
1Opinion of the Court
After advisement, the Court (Jones and Gray, Js., dissenting) held that the appeal was waived, and ordered the same to be dismissed.
2Cited by6 opinions
- Grunberg v. BlumenlahlCity of New York Municipal Court · 1883
- Pierson v. Minnehaha CountySouth Dakota Supreme Court · 1910
- Smith v. . RathbunNew York Court of Appeals · 1878
- Hausee v. FieroNew York Supreme Court · 1890
- Hanna v. DexterNew York Supreme Court · 1862
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