Tilton v. . Vail
New York Court of Appeals
Motion to dismiss an appeal from' an order of the General Term of the Supreme Court in the first judicial department, made September 9, 1889, which affirmed an interlocutory judgment in an action for partition.
1Opinion of the CourtGray, J.
This appeal must be dismissed, inasmuch as this court has no jurisdiction to review the interlocutory judgment in an action of partition, except upon an appeal from the final judgment. There is no exception in favor of this class of actions, and the Code provisions permit no distinctions with respect to their judgments, as subjects of review in this court. Section 1546 provides for and describes the “interlocutory judgment.” It must declare the rights, shares or interests of the parties, and, in a proper case, must direct a sale of the property. Section 1577 provides for “a final judgment” to…
2Cases cited1 opinion
- Raynor v. . RaynorNew York Court of Appeals · 1883
3Cited by6 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Clement v. FergusonSupreme Court of Oklahoma · 1955
- Brown v. . FeekNew York Court of Appeals · 1912
- Sterling v. SterlingOregon Supreme Court · 1903
- Townsend v. . Van BuskirkNew York Court of Appeals · 1900
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