Schermerhorn v. . Anderson
New York Court of Appeals
On the 1st of April, 1848, a decree was made by the supreme court at special term, dismissing the bill of complaint. An application was made to the general term for a rehearing, which was denied by order pronounced on the 8th of May, but not entered and served until the 5th of July, 1848. On the 14th of July this appeal was taken, and was intended to conform to the provisions of the code of procedure, regulating the manner of bringing appeals.
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On the 1st of April, 1848, a decree was made by the supreme court at special term, dismissing the bill of complaint. An application was made to the general term for a rehearing, which was denied by order pronounced on the 8th of May, but not entered and served until the 5th of July, 1848. On the 14th of July this appeal was taken, and was intended to conform to the provisions of the code of procedure, regulating the manner of bringing appeals. The notice of appeal stated that such appeal was taken from the decree of the 1st of April and the order of the 8th of May. The undertaking also…
1Per curiam
The motion must be granted absolutely, so far as the appeal'relates to the decree made at the special term, on the ground that no appeal lies from the special term. The appeal being from two orders, the undertaking is not large enough, and the motion must therefore be granted also as to the appeal from the order of the general term, unless the appel lant amend the undertaking by striking out so much as relates to the order of the special term, and pay the costs of the appeal from that order, and of this motion.
Ordered accordingly.
2Cited by2 opinions
- Richards v. BriceNew York Court of Common Pleas · 1889
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1902