Mills v. Hoag
New York Court of Chancery
This was an application to dismiss an appeal from a decree of the vice chancellor of the eighth circuit. The irregularity in the approval of the appeal bond was not denied by the appellant’s counsel. One of the sureties named in the bond had not executed the same, and it had been signed and sealed by another person not named therein/ The appellant’s counsel asked leave to amend, or to file a new bond properly approved.
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This was an application to dismiss an appeal from a decree of the vice chancellor of the eighth circuit. The irregularity in the approval of the appeal bond was not denied by the appellant’s counsel. One of the sureties named in the bond had not executed the same, and it had been signed and sealed by another person not named therein/ The appellant’s counsel asked leave to amend, or to file a new bond properly approved. On the part of the defendant, however, it was shown that after the entry of the decree, and before the filing of the appeal, the complainant sold the land which had formed the…
1Opinion of the Court
The Chancellor.
The appeal in this cause, if regular, was brought in time. The decree was final, and not interlocutory, as it finally disposed of the subject of litigation so far as the court was concerned. Chief Justice Savage defines a final decree to be the last decree which is necessary to be entered to give to the parties the full and entire benefit of the judgment of the court. The decree in this case comes within that definition, as no further questions or directions are reserved for the future judgment of the court. And although some further proceedings are to be had before a master to…
2Cited by42 opinions
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Beebe v. RussellSupreme Court of the United States · 1857
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Morris v. . MorangeNew York Court of Appeals · 1868
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
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