Legal Opinion

Haulenbeck v. Gillies

New York Court of Common Pleas

Decided December 15, 1858PublishedCited by 3 opinions

Motion to dismiss an appeal from a judgment of a district court dismissing a complaint. The facts are stated in the opinion of the court.

1Opinion of the Court

By the Court.*—Hilton, J.

—The plaintiff, a resident of New Jersey, sued the defendants in the Sixth District Court, by long summons, and without giving security.

The defendants appeared, and these facts being admitted, in*422stead of answering, “ moved to dismiss the case,” because no security had been filed.

The justice in his return states that he granted the motion, and from his ruling the plaintiff appealed.

Upon the argument we are asked to dismiss the appeal upon the ground that such a decision, by which no costs were awarded, is not appealable.

Under the law as it existed prior to the act…

2Cases cited1 opinion

  1. Monnell v. WellerNew York Supreme Court · 1806

3Cited by3 opinions

  1. Blum v. HartmanNew York Court of Common Pleas · 1869
  2. Miller v. FissAppellate Terms of the Supreme Court of New York · 1897
  3. Titus Sheard Co. v. MorrisseyAppellate Terms of the Supreme Court of New York · 1898

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