Bergen v. . Carman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, awarding surplus moneys in a foreclosure suit. The referee to whom the matter was referred found, substantially, the following facts : That' prior to November 3,1874, the defendant, Seaman N. Snedelcer, the mortgagor, was the o wner of the mortgaged premises.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, awarding surplus moneys in a foreclosure suit. The referee to whom the matter was referred found, substantially, the following facts : That' prior to November 3,1874, the defendant, Seaman N. Snedelcer, the mortgagor, was the o wner of the mortgaged premises. By a conveyance, dated on that day, executed by himself and Jennie E. Snedelcer, his wife, for the expressed consideration of $600, said premises were conveyed to James H. Campbell, subject to the mortgage…
1Opinion
A subsequent motion was made for re-argument, resulting as follows: In granting the order dismissing the appeal in this case, the court overlooked the fact that the order appealed from imposed costs of the appeal upon the appellant (the respondent there) absolutely and not conditionally, and in this respect was a final determination from which an appeal could lawfully be taken. The motion for a re-argument must, therefore, be granted, and the order dismissing the appeal vacated. In this aspect of the case, the questions presented for review upon the appeal are open for consideration.
We think…
2Cases cited7 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Bockes v. . LansingNew York Court of Appeals · 1878
- Mutual Life Insurance v. BowenNew York Supreme Court · 1866
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